청구이의 및 채무부존재확인
1. Of the judgment of the court of first instance, the bankruptcy trustee of the Defendant-Counterclaim Plaintiff, the Komat Savings Bank.
1. Any rehabilitation creditor who intends to participate in rehabilitation procedures under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) to determine the legitimacy of Defendant 1’s counterclaim shall report the rehabilitation claim (Article 148(1)); when an objection is raised against the reported rehabilitation claims, all of the objectors as other parties may file an objection to the final claim inspection judgment with the court for the confirmation of rights (Article 170(1)); and any person who is dissatisfied with the judgment may file an objection to the final claim inspection judgment with the court.
(Article 171(1). In addition, where a lawsuit on claims to which an objection has already been raised is pending at the time rehabilitation procedures commence, a rehabilitation creditor shall take over all of the objectors as other parties to the lawsuit.
(1) Article 172(1) of the Act provides that “A person who has an executory title or final and conclusive judgment among rehabilitation claims may raise an objection only by means of a lawsuit that the debtor is able to take (Article 174(1)); in cases where a lawsuit on such claims continues to exist in the court at the time rehabilitation procedures commence, an objector shall take over the lawsuit procedures against the rehabilitation creditor who holds the rehabilitation claim as other party (Article 174(2)); in cases where a lawsuit on such claims continues to exist in the court at the time rehabilitation procedures commence, the custodian shall be deemed to have acknowledged the rehabilitation claim if he/she is a custodian (Article 174(4)). This is deemed that a claim with an executory title is in a position to commence compulsory execution, and any claim on which the final and conclusive judgment has been rendered is rendered is highly presumed, and thus, an objection may be raised only through the litigation procedures that the debtor can take, unlike the general rehabilitation claims, etc., at the time the rehabilitation procedures commence, and the same shall also apply to such claims.