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(영문) 서울북부지방법원 2014.11.18 2014가단109355
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff was engaged in the manufacturing business, etc. in the trade name of “B,” and was supplied with the Defendant Company from around 2005 to around 2006 and was not paid KRW 65,196,488 out of the price of the goods.

hereinafter referred to as "the claim for the price of the goods in this case"

(A) A. The Defendant Company received a decision to commence rehabilitation procedures as Suwon District Court Decision 2006 Ma4 on September 5, 2006, and on June 14, 2007, it received a decision to authorize the rehabilitation plan as amended on July 24, 2014. (B) The Plaintiff reported KRW 65,196,488 of the instant claim for the price of the instant goods to the Defendant Company as a rehabilitation claim in the rehabilitation procedure, and the said claim is included in the approved rehabilitation plan and the amended rehabilitation plan. [In the absence of any dispute over the grounds for recognition, Gap’s evidence Nos. 1 through 4, Eul’s evidence Nos. 1 through 3, and the purport of the entire pleadings, as a whole, the purport of all pleadings.

2. Whether the lawsuit of this case is lawful

A. According to the Debtor Rehabilitation and Bankruptcy Act, except as otherwise provided in special provisions after rehabilitation procedures commence, acts extinguishing rehabilitation claims, such as repayment, repayment, etc., without following the provisions of the rehabilitation plan (Article 131); when it is decided to grant authorization for the rehabilitation plan, the rights of rehabilitation creditors, rehabilitation secured creditors, shareholders and equity right holders shall be altered according to the rehabilitation plan (Article 252(1)); and the entry in the table of rehabilitation creditors or the table of rehabilitation secured creditors on the rights recognized pursuant to the rehabilitation plan based on the rehabilitation claim or rehabilitation security right shall have the same effect as the final judgment

(Article 255(1). In full view of the above provisions, rehabilitation creditors are entitled to receive rehabilitation claims according to the provisions of the rehabilitation plan while the rehabilitation procedure is in progress, and the benefit of the lawsuit seeking the implementation of the rehabilitation claim or the confirmation thereof is also the interest of the lawsuit.

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