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(영문) 서울남부지방법원 2017.04.07 2015가단40955
물품대금
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The following facts in the process of the instant lawsuit do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the pleadings in each entry in Gap evidence Nos. 1 to 2, and Eul evidence Nos. 1 to 3.

The Plaintiff filed the instant lawsuit seeking payment of KRW 50,720,000 for the amount of goods supplied on January 15, 2014 to Nonparty G&C Co., Ltd. (hereinafter “Nonindicted Company”).

B. On July 21, 2015, the Seoul Central District Court rendered a final decision on the commencement of rehabilitation procedures by the Seoul Central District Court Decision 2015 Gohap10163 regarding the non-party company.

C. On December 4, 2015, 33,982,400 out of the above amount of claims, the rehabilitation plan was approved from 2017 to 2025, and the rehabilitation plan was decided to terminate the rehabilitation procedure on August 31, 2016.

2. If the rights recognized in the rehabilitation plan are entered in the table of rehabilitation creditors, etc. on the basis of judgment on the legitimacy of the lawsuit in this case, it becomes effective as stated in the rehabilitation plan, etc. (Article 255(1) of the Debtor Rehabilitation and Bankruptcy Act). In such cases, it is unlawful for rehabilitation creditors, etc. to file a lawsuit

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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