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(영문) 서울북부지방법원 2018.10.23 2017가단8897
임가공비
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff filed a claim against the Defendant for payment of KRW 54,160,762 in total, and delay damages therefrom, from July 1, 2016 to November 7, 2016.

2. Determination

A. According to the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), any property claim that accrues prior to the commencement of rehabilitation procedures for the debtor falls under a rehabilitation claim (Article 118); any rehabilitation creditor intending to participate in the rehabilitation procedures shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148); and any custodian shall prepare and submit a list of rehabilitation creditors separately from the report of the rehabilitation creditor to the court (Article 147); and any claims of the rehabilitation creditors recorded in the list are deemed reported (Article 151). When the rehabilitation plan is decided to authorize the rehabilitation plan, the debtor is exempted from liability for all rehabilitation claims except for the rights recognized pursuant to the rehabilitation plan or the Debtor Rehabilitation Act (Article 251). Even if the rehabilitation plan is decided to authorize the rehabilitation plan, the rights of the rehabilitation creditors, etc. are altered according to the rehabilitation plan and all rehabilitation claims are effective (Articles 251 and 252 of the same Act); and any person who continues to perform the obligation to pay for the rehabilitation plan at the time the rehabilitation plan is decided to the rehabilitation plan.

As above.

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