logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원김천지원 2019.11.28 2018가단5566
물품대금
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

The Plaintiff asserts that from January 2009 to November 25, 2018, the Plaintiff supplied the Defendant with goods, such as diversary materials, and that the Defendant did not pay KRW 43,442,030 out of the price of the goods, and that the Defendant is obliged to pay the Plaintiff the price of KRW 43,442,030 as well as damages for delay.

According to Article 255 (1) and (2) of the Debtor Rehabilitation and Bankruptcy Act, entry in the table of rehabilitation creditors or the table of rehabilitation secured creditors on rights recognized according to the rehabilitation plan based on the rehabilitation claim or the security right is effective as a final judgment when the decision to authorize the rehabilitation plan becomes final and conclusive, and compulsory execution can be carried out based on it after the rehabilitation

In full view of the overall purport of the arguments in the evidence Nos. 1 and 2, the Defendant was ordered to commence rehabilitation proceedings in the Daegu District Court 2019 Ma104 on February 15, 2019, the amount of KRW 43,469,030 reported by the Plaintiff in the above rehabilitation case, and the Daegu District Court rendered a decision to authorize rehabilitation plans included in the rehabilitation creditors as above in the above rehabilitation case on September 24, 2019, and the fact that the decision became final and conclusive around that time.

According to the above facts, since the plaintiff's above claims constituting rehabilitation claims are entered in the table of rehabilitation creditors and the above entry becomes effective as the final judgment becomes effective, the plaintiff has no interest in seeking the payment of the above claims against the defendant by the lawsuit in this case.

Therefore, the lawsuit of this case is unlawful and thus, it is so decided as per Disposition.

arrow