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(영문) 서울중앙지방법원 2015.09.15 2014가단5329032
양수금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Whether the lawsuit of this case is legitimate

A. Legal doctrine 1) In order to prevent rehabilitation creditors from suffering disadvantages arising from forfeited rights under authorization of the rehabilitation plan by failing to report their own claims on the grounds that rehabilitation creditors were unaware of the rehabilitation procedure, the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).

(2) In light of the purport of the rehabilitation creditor list system under Article 147, a custodian is obligated to record the non-existence of a rehabilitation claim on the list of rehabilitation creditors, unless it is objectively evident exceptional cases. However, in principle, any rehabilitation creditor who intends to participate in the rehabilitation procedure shall report the content and cause of the rehabilitation claim to the court within the reporting period (Article 148(1) of the Debtor Rehabilitation Act). However, if a rehabilitation creditor fails to report within the reporting period due to any cause not attributable to himself/herself, he/she may supplement the report within one month after the cause is terminated (Article 152(1) of the Debtor Rehabilitation Act). In the rehabilitation procedure, a rehabilitation creditor is unable to report his/her claim until the assembly of related persons for the examination of the rehabilitation plan is completed due to his/her failure to obtain individual notice of the commencement of the rehabilitation procedure and the reporting period for the rehabilitation claim, etc.

3. On the other hand, although the manager knows or could easily know the existence of the rehabilitation claim or the existence of such rehabilitation claim, the list of the rehabilitation creditors.

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