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(영문) 수원지방법원 2017.01.13 2014가합11201
공사대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

If the purport of the entire pleadings is added to the evidence Nos. 1 through 4, and No. 1, it can be acknowledged that the Plaintiff filed a lawsuit of this case against the mobilization weight of a stock company on August 29, 2014 (hereinafter “coverage weight”), and that the mobilization weight was appointed as the trustee in bankruptcy after being declared bankrupt by this court on September 12, 2014.

The Plaintiff’s claim for the construction price is a claim on the property arising from a cause that occurred before the Defendant is declared bankrupt and falls under a bankruptcy claim provided for in Article 423 of the Debtor Rehabilitation and Bankruptcy Act, and it cannot be asserted by means of a general lawsuit except for disputes arising from a judgment in claim allowance proceedings pursuant to the provisions of Articles 447, 462, 463 and 464 of the same Act.

Since the plaintiff's lawsuit of this case is unlawful and dismissed, it is so decided as per Disposition.

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