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(영문) 서울고등법원 2015.07.24 2014나2008323
물품대금
Text

1. To dismiss the instant lawsuit that has been changed in exchange at the trial;

2. The plaintiff is a provisional payment to the defendant.

Reasons

1. Judgment as to the defendant's defense prior to the merits

A. Since both the plaintiff and the defendant asserted that the rehabilitation company of this case did not file an application to resume the proceedings within one month from the last day of the period for investigating the claims against the rehabilitation company of this case, the plaintiff's lawsuit for confirmation of the rehabilitation claim is dismissed as there is

B. With respect to claims to which an objection is raised under the relevant provisions of the Debtor Rehabilitation and Bankruptcy Act (hereinafter referred to as the "Act") (Article 170(1) of the Act, in case where any custodian, any rehabilitation creditor, any rehabilitation secured creditor, any shareholder, any equity right holder raises an objection to any rehabilitation claim and any rehabilitation security right entered in the list or reported, referring to rehabilitation claims or any rehabilitation security right; hereinafter the same shall apply), which carry an executory title or a final and conclusive judgment may be asserted only according to the litigation procedures that the debtor can take (Article 174(1) of the Act), and in case where the lawsuit on the rehabilitation claim or any rehabilitation security right under the provisions of Article 174(1) of the Act is pending in the court at the time the rehabilitation procedures commence, if the objector intends to raise an objection under the provisions of the same paragraph, he/she shall take over the litigation procedures with the rehabilitation creditor or any rehabilitation secured right as the other party who holds such rehabilitation claim or any rehabilitation security right (Article 174(2) of the Act), the period for inspection, or the special fraud period within 174(2) of the Plaintiff.

(b)..

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