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(영문) 수원지방법원성남지원 2015.09.22 2014가단20751
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff asserted as the cause of the Plaintiff’s claim sold alcoholic beverages to the Defendant on credit by December 30, 2013, and the Defendant did not pay the liquor amounting to KRW 31,898,600 as of the date of closing argument of the instant case.

Accordingly, the defendant is obligated to pay the plaintiff 31,898,600 won of the above liquor price and damages for delay.

2. We examine ex officio the legitimacy of the instant lawsuit.

According to Article 603(1)1 and (3) of the Debtor Rehabilitation and Bankruptcy Act, where a creditor who has been recorded in the list of individual rehabilitation creditors fails to file an application for a final judgment on an individual rehabilitation claim inspection within the objection period prescribed, a claim is finalized according to the list of individual rehabilitation creditors, and where such confirmed individual rehabilitation claims are entered in the list of individual rehabilitation creditors, such entry shall have the same effect

In full view of the overall purport of the pleadings in the evidence evidence Nos. 9 and 10, the fact that the decision to commence individual rehabilitation proceedings was rendered on September 30, 2014 in the case of individual rehabilitation filed by the Defendant with the Incheon District Court 2014da65995, and that the list of individual rehabilitation creditors of the above individual rehabilitation case contains a claim for the amount of goods to be claimed by the Plaintiff in this case, and that the claim is confirmed as is, is recognized.

According to the above facts, since the plaintiff's claim for the price of goods in this case became final and conclusive in the above individual rehabilitation procedure, there is no interest in the lawsuit in this case.

Therefore, since the lawsuit of this case is unlawful, it is decided to dismiss it. It is so decided as per Disposition.

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