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(영문) 광주지방법원 2019.09.05 2019가합53933
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion: (a) around 2012, the Plaintiff entered into a supply contract with the Defendant to supply food materials to the Defendant; (b) deposited KRW 120,00,00 in a deposit to the Defendant pursuant to the instant supply contract; and (c) supplied food materials to C Hospital operated by the Defendant from around 2013 to around 2013; and (d) the amount of unpaid goods was KRW 548,136,790 in total to the Plaintiff (i.e., KRW 668,136,790 in total (= KRW 548,136,790 in total) and delay damages therefrom.

2. Ex officio determination on the legitimacy of a lawsuit

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”), when no objection is raised by any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder or any equity right holder during the inspection period or on the special inspection date in the rehabilitation procedures, the details of the reported rehabilitation claims and the amount of voting rights are determined (Article 166 of the Act), and when any rehabilitation claim and any rehabilitation security right that are confirmed are entered in the table of rehabilitation creditors and any rehabilitation secured right holder, the entry therein has the same effect as a final and conclusive judgment on all rehabilitation creditors, any rehabilitation secured creditor, any shareholder, any equity right holder (Article 168 of the Act), and when the decision to discontinue the rehabilitation procedures is confirmed pursuant to the provisions of Article 286 of the Act, the entry in the table of rehabilitation creditors or any rehabilitation secured right holder shall have the same effect as the final and conclusive judgment on the debtor (Article 292(1) of the Act), and any rehabilitation creditor or any rehabilitation secured creditor may perform compulsory execution on the debtor based on the table of rehabilitation creditors or any rehabilitation secured right holder (Article 6

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