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1. To dismiss the instant lawsuit that has been changed in exchange at the trial;
2. The total costs of the lawsuit shall be borne by the defendant.
Reasons
1. Judgment as to the defendant's defense prior to the merits
A. On June 11, 2013, the Plaintiff filed the instant lawsuit against the rehabilitation company seeking payment of the purchase price of goods of KRW 18,391,889 and damages for delay thereof (the claim amount was reduced to KRW 14,319,900 on the date of pleading 3 and 4th instance trial). In the instant lawsuit, the Plaintiff’s claim against the rehabilitation company is “the instant claim” as asserted by the Plaintiff.
(2) On June 16, 2014, the court of first instance rendered a ruling accepting the Plaintiff’s claim in full, and the rehabilitation company filed an appeal on July 3, 2014. 2) After which, on October 8, 2014, the rehabilitation company filed an application for commencement of rehabilitation procedures with Suwon District Court 2014hap1016 (hereinafter “instant rehabilitation procedure”). The said court rendered a decision to commence rehabilitation procedures on November 6, 2014, and deemed the representative director C as the custodian, instead of appointing a separate administrator (after that, on May 8, 2015, the Defendant was dismissed and the Defendant was appointed as the custodian of the rehabilitation company and took over the instant litigation procedure. The rehabilitation claim, rehabilitation security right, and the period of reporting the stocks from November 22, 2014 to December 14, 2014, and the period from October 14, 2014 to December 14, 2015, respectively.
3) In the instant rehabilitation procedure, the Plaintiff reported the instant claim as a rehabilitation claim within the reporting period. 4) On January 8, 2015, the Defendant filed an application for taking over the litigation procedure, as the instant rehabilitation procedure commenced in the instant court and the administrator was appointed.
However, within one month from January 9, 2015, which is the expiration date of the above rehabilitation claim inspection period, the application to resume the proceedings was not again filed.
[Ground of recognition] Facts without dispute, significant facts in this court, Gap evidence No. 10, 11, Eul evidence No. 16, the purport of the whole pleadings
B. One month from the last day of the claim investigation period against both the plaintiff and the defendant.