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(영문) 창원지방법원 2016.03.16 2014가합6312
임가공대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff’s assertion asserts that the Plaintiff is liable to pay the Plaintiff the total amount of KRW 113,404,670 (hereinafter “instant price”) and damages for delay, on the ground that the Defendant did not pay KRW 112,805,170 and the purchase price of paint 59,500, in spite of the Plaintiff’s performance of painting duties received from the Defendant from June 2014 to September 2014.

2. Determination on the lawfulness of the instant lawsuit

A. The Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”) refers to a claim on property arising from the cause of the occurrence of a claim, such as declaration of intention, etc. before the commencement of rehabilitation procedures (Article 118). Therefore, even if the cause of the occurrence of a claim is not specifically determined, or the cause of the occurrence of a claim arrives after the commencement of rehabilitation procedures, it does not affect the claim as a rehabilitation claim

(2) According to the Debtor Rehabilitation Act, a custodian shall prepare and submit a list of rehabilitation creditors, etc. to the court prior to filing a report on rehabilitation creditors, etc. (Article 147), and rehabilitation claims, etc. recorded in the list are deemed to have been reported pursuant to the provisions of the Act (Article 151). A rehabilitation creditor, etc. who intends to participate in rehabilitation procedures regardless of whether the list is entered in the list shall report his/her rehabilitation claims, etc. to the court within the reporting period set by the court (Article 148). When the rehabilitation plan is authorized, the debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights except for the rights recognized by the rehabilitation plan or by this Act (Article 251). Accordingly, if the rehabilitation plan is authorized, the rehabilitation company shall not report any rehabilitation claims and rehabilitation security rights, but shall report any rehabilitation claims, etc. (Article 157).

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