Text
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
When a decision is made to authorize a rehabilitation plan, the debtor shall be exempted from liability for all rehabilitation claims and rehabilitation security rights, except for the rights recognized by the provisions of the rehabilitation plan or by the provisions of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
(A) Article 251 of the Debtor Rehabilitation Act (Article 251 of the Debtor Rehabilitation Act). The instant claim asserted by the Plaintiff constitutes a rehabilitation claim, which is a claim under a written agreement dated October 31, 201, arising from the cause prior to the commencement of rehabilitation proceedings (Seoul District Court 2012 Gohap 29, Nov. 27, 2012) against the Sejong District Court Co., Ltd., and constitutes a rehabilitation claim.
However, the claim of this case was not indicated in the list of rehabilitation creditors submitted by the defendant, and the plaintiff did not report it as rehabilitation claims and rendered a decision of rehabilitation authorization on October 2, 2013 without reporting it as rehabilitation claims.
(A) As the Plaintiff served on October 24, 2014 with the Defendant’s written response stating that “the rehabilitation procedure is in progress with respect to the tax office, etc.,” it is reasonable to deem that the existence of the rehabilitation procedure was known at the latest around that time. Accordingly, no rehabilitation claim was reported within one month thereafter). Therefore, the instant claim that is not stipulated in the rehabilitation plan to remain in the rehabilitation plan was forfeited according to the authorization of the rehabilitation plan, and the instant lawsuit seeking its implementation is unlawful as there is no benefit of lawsuit, as there is no benefit of lawsuit.