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(영문) 서울중앙지방법원 2018.12.19 2016가단5308848
추심금 지급 청구의 소
Text

1. All plaintiffs' lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

ex officio, we examine the legitimacy of the instant lawsuit.

1. When rehabilitation procedures commence, the litigation procedures on rehabilitation claims falling under any property claim arising prior to the commencement of rehabilitation procedures shall be suspended (hereinafter referred to as the "Act").

Article 59(1) of the Act, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report to the court the rehabilitation claim within the period for reporting the rehabilitation claim (Article 148 of the Act); when rehabilitation claims are not confirmed on the grounds of lawful objection by any custodian, etc. with respect to the reported rehabilitation claims (Article 170(1) of the Act), the holder of the right to the rehabilitation claim may file an application for the final claim inspection judgment; where a lawsuit on the disputed claims is pending at the time the rehabilitation procedures commence, he/she shall take over the litigation procedures against all objectors to seek the confirmation of his/her rights (Article 172(1) of the Act). The foregoing lawsuit shall be taken within one month from the last day of the inspection period (Articles 170(2) and 172(2) of the Act), and where an application for taking over the rehabilitation claim after the expiration of the period is filed, such lawsuit shall be illegal if the other party to the lawsuit fails to take over the rehabilitation claim before the expiration date of the inspection period, and the other party to the lawsuit shall take over the rehabilitation claim as part of the rehabilitation claim.

(Supreme Court Decision 2012Da31789 Decided May 24, 2013). 2. B.

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