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(영문) 대전지방법원 천안지원 2017.02.23 2016가단115186
용역비
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s summary of the Plaintiff’s assertion entered into an entrusted operation contract with the Defendant on March 1, 2016, under the contract with the Defendant, and provided meals to the Defendant’s employees from September 1, 2016 to November 2016, and was not paid a total of KRW 28,816,200. The Defendant is obligated to pay the Plaintiff unpaid food expenses of KRW 28,816,200 and delay damages.

2. We examine ex officio the lawfulness of the instant lawsuit.

According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder, or any equity right holder raises an objection on the inspection period or special inspection date, the details of the reported rehabilitation claims and any rehabilitation security right or any rehabilitation security right, if any, and the amount of the voting rights thereof are confirmed (Article 166 of the Debtor Rehabilitation Act). When any confirmed rehabilitation claims and any rehabilitation security right are entered in the table of the rehabilitation creditors and the rehabilitation secured right, the entry therein has the same effect as a final and conclusive judgment for all rehabilitation creditors, any rehabilitation secured creditor, any shareholder, any equity right holder (Article 168 of the Debtor Rehabilitation Act). The same applies to cases where a decision to discontinue the rehabilitation procedures has become final and conclusive prior to the authorization of the rehabilitation plan (Article 292(1) of the Debtor Rehabilitation Act). In such cases, any rehabilitation creditor or any rehabilitation secured right holder may perform compulsory execution against the debtor according to the table of rehabilitation creditors or the rehabilitation secured creditor list (Article 292(

Comprehensively taking account of the overall purport of the arguments in Eul evidence No. 1, the administrator of the defendant company in the above rehabilitation procedure is the administrator of the defendant company on December 1, 2016 as Suwon District Court 2016 Ma1053.

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