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(영문) 서울중앙지방법원 2015.12.11 2015나7656
구상금
Text

1. Revocation of a judgment of the first instance;

2. The instant lawsuit shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. When the rehabilitation procedures commence to determine whether a lawsuit is lawful, the rehabilitation procedures falling under any property claim that accrues prior to the commencement of the rehabilitation procedures shall be suspended (limited to the Act of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act");

Article 59(1) of the Act, any rehabilitation creditor who intends to participate in rehabilitation procedures shall report to the court the rehabilitation claim within the period for reporting the rehabilitation claim (Article 148(1) of the Act); when rehabilitation claims are not confirmed on the grounds of lawful objections by any custodian, etc. concerning the reported rehabilitation claims, any entitled person who holds the rehabilitation claims may file an application for the final claim inspection judgment (Article 170(1) of the Act); and where a lawsuit on the disputed claims is pending at the time the rehabilitation procedures commence, any person who holds the rehabilitation claims shall take over the litigation procedures against all objectors to seek the confirmation of his/her rights (Article 172(1) of the Act). The foregoing lawsuit taken place shall be completed within one month from the last day of the lawsuit or from the special inspection date (Articles 170(2) and 172(2) of the Act), and where a request for taking over the rehabilitation claim is made after the lapse of the period, such lawsuit is illegal before the expiration date of the lawsuit or the special inspection date, and the other party to the lawsuit cannot take over the rehabilitation claim at the final date of the lawsuit.

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