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(영문) 창원지방법원 2015.04.21 2014가단72824
어음금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The following facts may be acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 1 and 4:

On October 24, 2013, the future C&C Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) issued promissory notes with face value 228,00,000,000 and the due date February 12, 2014, and the said notes were possessed by the Plaintiff via the Youngnam Industry Co., Ltd. and the E&C system.

B. The Plaintiff filed the instant lawsuit against Nonparty Company seeking payment of the amount equivalent to the amount of the said amount of the Promissory Notes on March 10, 2014, when the payment was presented on the date of payment but the payment was refused on the ground of an accident report.

C. Meanwhile, the rehabilitation procedure commenced on March 25, 2014 when the lawsuit against the non-party company was pending, and the defendant was appointed as the administrator. The plaintiff reported the claim of the bill as the rehabilitation claim in the above rehabilitation procedure, but the defendant denied this.

2. In determining the legitimacy of the instant lawsuit, the Plaintiff sought the confirmation of the rehabilitation claim against the claim for the amount of the Promissory Notes against the non-party company, against the Defendant who raised an objection to the claim for the amount of the Promissory Notes as the other party to the lawsuit

Any rehabilitation creditor who intends to participate in the rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act shall report the rehabilitation claims (Article 148 (1)), when any objection is raised against the reported rehabilitation claims, all of the objectors may file an application with the court for the final claim inspection judgment (Article 170 (1)) with the court as other parties (Article 170 (1)), and anyone who objects to the judgment may file a lawsuit of objection against the final claim inspection judgment.

(Article 171 (1) : Provided, That where a lawsuit on rehabilitation claims is pending at the time rehabilitation procedures commence, any rehabilitation creditor shall report the rehabilitation claims and raise an objection to the reported rehabilitation claims.

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