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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff’s assertion is a creditor who received two final and conclusive judgments (Seoul Central District Court Decision 2013Da5126014- September 30, 2014; 2014Gahap4Gahap489670- - December 10, 2014) by filing a claim for collection against Ulsan with respect to the claim for the payment of construction price against the Nam Construction Co., Ltd. (hereinafter “Suld Construction”).
However, on October 7, 2014, the Ulsan Construction filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2014 Ma175 on November 2, 2014, and received the decision to commence rehabilitation procedures on July 1, 2014, and received the decision to commence rehabilitation procedures on July 1, 2015, but the custodian did not enter the Plaintiff’s claims in the creditors list during the rehabilitation procedures, thereby causing damage to the Plaintiff that could not exercise his rights as creditors under the rehabilitation procedures.
On the other hand, in accordance with the rehabilitation plan authorized for Ulsan Construction, the damages suffered by the plaintiff are equivalent to the amount stated in the claim. Therefore, the above amount of damages is claimed against the defendant.
B. 1) Determination 1) The custodian shall prepare a list of rehabilitation creditors, etc. and submit it to the court prior to reporting by the rehabilitation creditors, etc. [Article 147 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”); and any rehabilitation creditor, etc. listed in the list shall be deemed to have reported pursuant to relevant provisions (Article 151 of the Debtor Rehabilitation Act). Any rehabilitation creditor, etc. who intends to participate in rehabilitation procedures regardless of whether it is entered in the list, shall report his/her rehabilitation claim to the court within the reporting period set by the court (Article 148 and Article 148 of the Debtor Rehabilitation Act). If any person fails to report within the reporting period due to any cause not attributable