Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. From October 2014 to June 10, 2017, the Plaintiff’s summary of the Plaintiff’s assertion is not paid KRW 59,700,000 in total by supplying the Defendant with smuggling products. The Defendant is liable to pay the Plaintiff the amount of KRW 59,70,000 payable for the goods 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(
According to the purport of the entire argument, the rehabilitation procedure commenced on July 25, 2017 with respect to the Defendant Company as Seoul Rehabilitation Court 2017 Ma10111. Under the above rehabilitation procedure, the administrator of the Defendant Company submitted KRW 59,700,000, which is the total amount of the Plaintiff’s claims, to the effect that the Defendant Company submitted them to the bond list and accepted them.