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(영문) 서울중앙지방법원 2018.11.16 2017가합500377
매매대금
Text

1. Each of the plaintiffs' lawsuits against defendant D and F are dismissed.

2. Defendant C Co., Ltd.:

A. The plaintiff A.

Reasons

1. Determination as to whether the lawsuit against Defendant D and Defendant F (hereinafter “Defendant F”) is lawful

A. Whether the lawsuit against Defendant F is lawful or not, 1) Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”)

According to the reasoning of the judgment, proceedings relating to the debtor's property shall be interrupted (Article 59(1)). Rehabilitation creditors who intend to participate in rehabilitation procedures shall report to the court the cause and details of rehabilitation claims (Article 148). Rehabilitation claims recorded in the list of rehabilitation creditors are deemed to have been reported (Article 151). Rehabilitation claims that are not reported shall be forfeited when a decision to authorize the rehabilitation plan is made pursuant to Article 251 of the Debtor Rehabilitation Act (see Supreme Court Decision 2007Da44354, Dec. 9, 2010; Supreme Court Decision 2007Da44361, Dec. 7, 207). When any custodian, etc. raises an objection to the reported rehabilitation claims and the rehabilitation claims become final and conclusive, a right holder holding the rehabilitation claims may file an application for the final claim inspection judgment (Article 170(1)); when any lawsuit on the claims that are asserted at the time of commencement of rehabilitation procedures is sought, the other party to the lawsuit shall be entitled to take over the rehabilitation claim as part of the lawsuit.

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