beta
(영문) 서울중앙지방법원 2017.08.08 2017가합505471

청구이의

Text

1. The Defendant’s compulsory execution against the Plaintiff based on the Seoul Central District Court Decision 2016Kaba27 decided on the amount of litigation costs.

Reasons

1. Facts of recognition;

A. The Plaintiff was decided to commence rehabilitation procedures on March 19, 2013, Seoul Central District Court 2012 Gohap246, and was decided to obtain the rehabilitation plan approval on December 13, 2013.

According to the final and conclusive rehabilitation plan, the repayment period of the rehabilitation claim against the plaintiff is until December 30, 2023.

B. On April 12, 2013, the Defendant reported KRW 742,770,00,00, including the right to return the lease deposit as a rehabilitation claim under the above rehabilitation procedure, and the Plaintiff’s custodian raised an objection against the above rehabilitation claim reported by the Defendant on May 9, 2013.

Accordingly, on May 31, 2013, the Defendant filed a final claim inspection judgment with the Seoul Central District Court 2013 Ma1180, and rendered a decision on April 24, 2015 that “the Defendant’s rehabilitation claim against the Plaintiff is KRW 526,507,397, interest rate of KRW 6,213,698 prior to the commencement of the rehabilitation claim.”

The Plaintiff’s administrator filed a lawsuit of objection against the judgment in claim allowance proceedings, but on November 13, 2015, the Seoul Central District Court 2015Kahap14087 sentenced the judgment to authorize the judgment in claim allowance proceedings. On July 15, 2016, Seoul High Court 2015Na20702 sentenced the dismissal of the appeal on August 6, 2016.

C. The Defendant filed a motion with the Seoul Central District Court for the determination of the amount of litigation costs in relation to a lawsuit for objection against the judgment in claim allowance proceedings. On September 27, 2016, the said court rendered a decision to determine the amount of litigation costs that the Plaintiff is liable to reimburse to the Defendant as KRW 19,812,463, and the said decision became final and conclusive on October 18, 2016.

(hereinafter referred to as the “instant decision,” and the amount of litigation costs based on the said decision is d. (hereinafter referred to as “instant litigation costs claim”).

On November 28, 2016, the rehabilitation procedure for the plaintiff was completed.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, Eul evidence Nos. 1, 2, and 3 (including branch numbers), the purport of the whole pleadings

2. The entry in the attached Form of the relevant Acts and subordinate statutes;

3...