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(영문) 수원지방법원 2018.09.13 2017가단17777
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. According to Articles 251, 252(1) and 255(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), when it is decided to grant authorization for the rehabilitation plan, the rights of rehabilitation creditors, etc. are altered according to the rehabilitation plan; when the rehabilitation plan is decided, the rights of rehabilitation creditors, etc. are excluded from the liability for all rehabilitation claims and rehabilitation security rights; and when the debtor is exempted from the liability for all rehabilitation claims and rehabilitation security rights; and when the entry in the table of rehabilitation creditors or the list of rehabilitation secured creditors on the rights recognized pursuant to the rehabilitation plan based

Furthermore, even if it is decided to terminate rehabilitation procedures after the authorization is granted for the rehabilitation plan, the debtor bears the obligation to continue to perform the rehabilitation plan, such as repaying obligations as prescribed in the rehabilitation plan. Therefore, the lawsuit seeking the implementation of the claim does not have the interest of

2. However, if the purport of the entire pleadings is added to the statements in the evidence Nos. 1 and 2, the defendant is recognized as having no benefit in the lawsuit in this case since it is recognized that the defendant had no benefit in the lawsuit in this case since it entered the rehabilitation procedures on May 16, 2017 in Suwon District Court 2017 Ma1017, the decision to commence rehabilitation procedures on May 16, 2017, the decision to commence rehabilitation procedures on January 17, 2018, the decision to terminate rehabilitation procedures was issued on July 19, 2018, and the total amount of KRW 74,457,470, which the plaintiff sought as the cause of the claim in this case as a property claim arising from the cause arising before the commencement of rehabilitation procedures

3. The instant lawsuit is unlawful and dismissed.

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