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(영문) 서울중앙지방법원 2017.08.25 2016가단48677
성공보수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. On May 24, 2011, the Plaintiff entered into a litigation delegation agreement (hereinafter “instant agreement”) with the Plaintiff on May 24, 2011 with respect to the case of the claim for defect repair, etc. (hereinafter “related case”) against the Plaintiff, the Plaintiff, the council of occupants’ representatives, the council of occupants’ representatives, the council of occupants’ representatives, the council of occupants’ representatives, (hereinafter “the council of occupants’ representatives,”) against the Daewoo Motor Co., Ltd. (hereinafter “former Daewoo Motor”).

B. On August 10, 2011, the former Automobile Sales was ordered to commence rehabilitation proceedings with the Seoul Central District Court 201 Gohap105 Debtor Rehabilitation Case (hereinafter “instant rehabilitation case”) and was decided to authorize the rehabilitation plan on December 9, 2011.

On December 19, 201, according to the rehabilitation plan for the Gu's Compensation Automobile Sales, the bus sales sector of the Gu's Compensation Automobile Sales was divided, and the Daewoo Motor Sales Co., Ltd. and the construction sector was divided, and the defendant Co., Ltd was respectively established.

(After the division, the old Automobile Sales was changed from December 20, 201 to the Daewoodo Development Co., Ltd.). (C)

In the aforementioned related case, where a lawsuit on a rehabilitation claim is pending at the time of the commencement of rehabilitation procedures on May 8, 2013, the court reported the rehabilitation claim to the competent court of the rehabilitation case, but any interested person raises an objection thereto, if any rehabilitation creditor intends to request the confirmation of rights, it shall take over the lawsuit against the objection to the rehabilitation claim reported to the court in which the previous lawsuit is pending, and where such request for resumption is filed within one month from the date the rights are examined, and where such request for resumption is filed after the expiration of the period, the lawsuit for confirmation of the rehabilitation claim becomes illegal. The non-party council of occupants' representatives files an application for taking over the lawsuit with the court on August 17, 2012, which shall reach the date one month after the expiration of the period for inspection of the rehabilitation claim in this case.

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