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(영문) 대전지방법원천안지원 2014.12.22 2013가단20973
운송료
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 entered into a transport contract with A Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to transport construction materials, etc. at the construction site of the Nonparty Co., Ltd., and agreed to pay KRW 48,928,00,00, which occurred from September 3, 2012 to September 25, 2013. However, the Plaintiff paid KRW 1,532,700 among them, and thus, sought payment of KRW 47,395,300.

2. Determination on the legitimacy of a lawsuit

A. The Debtor Rehabilitation and Bankruptcy Act provides that any property claim that accrues before the rehabilitation procedures commence for the debtor shall be deemed a rehabilitation claim (Article 118 subparagraph 1); any rehabilitation claim shall not be extinguished (excluding any exemption) without following the provisions of the rehabilitation plan, except as otherwise provided for in this Act after the rehabilitation procedures commence (Article 131); on the other hand, when a decision to authorize the rehabilitation plan is made, the debtor shall be exempted from liability for the rehabilitation claim and the rehabilitation security right (Article 251) except for the rehabilitation plan or the right recognized pursuant to the provisions of this Act; on the other hand, the entry of any right recognized pursuant to the rehabilitation plan in the table of rehabilitation creditors on the rehabilitation claim has the same effect as the final and conclusive judgment on the debtor at the time the decision to authorize the rehabilitation plan becomes final and conclusive (Article 255 (1)); and anyone who holds any right on the payment of money and any other claim for the rehabilitation of the debtor after the rehabilitation procedures are completed may perform compulsory execution on the debtor and any person who bears any obligation for the

(Article 255 (2)) In light of the provisions of Article 255 (2), seeking the implementation of rehabilitation claims listed in the table of rehabilitation creditors having the same effect as the final and conclusive judgment upon confirmation of the authorization decision for the rehabilitation plan does not have the benefit of lawsuit

(b).

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