채권조사확정재판에 대한 이의의 소
1. The final and conclusive judgement of rehabilitation claim investigation under Article 725 of the Seoul rehabilitation court on November 28, 2019 shall be authorized as of November 28, 2019.
2. The costs of lawsuit shall be.
1. Determination as to the legitimacy of the petition for final and conclusive investigation of this case
(a) When any custodian, etc. raises an objection to any rehabilitation claim entered in the list or reported, the person holding the right to the rehabilitation claim may file an application with the court for a judgment on the confirmation of the claim inspection with all of the objectors as other parties within one month from the last day of the inspection period or from the date of the special inspection in order to confirm his/her right (Article 170(1) and (2) of the Debtor Rehabilitation and Bankruptcy Act; hereinafter the same shall apply), and if the application is filed for a final and conclusive judgment of investigation with the lapse of the above period, the application shall be governed by law.
B. According to the facts without dispute, the entries in Eul 1 through 6 and the purport of the whole theories of the changes, the plaintiff was changed in the name of the defendant corporation C on March 27, 2020.
In the rehabilitation case of Seoul rehabilitation court 20066 meeting 1,0066 of the Seoul Bankruptcy Court (hereinafter “Defendant”), July 23, 2019, “The principal amount of the loans extended on April 13, 2018, the interest rate of KRW 241,967,213, and the interest rate of KRW 12% on the start of the period before and after the start of the period,” the Defendant filed an objection at the special inspection date on October 2, 2019. The Plaintiff filed an objection at the special inspection date on November 6, 2019, and the Plaintiff filed an application for the confirmation of the existence of the rehabilitation claim as above with the Seoul Bankruptcy Court 2019, 725, and the said court investigated the final and conclusive judgment of KRW 4,00,000,000, the Plaintiff’s application for the investigation on the existence of the rehabilitation claim as of April 13, 2019 (hereinafter “the final and conclusive judgment”).
Examining the above facts in light of the legal principles as seen earlier, the Plaintiff filed an application for a final and conclusive investigation after the lapse of the period prescribed in Article 170(2), which shall be dismissed as unlawful.
On the other hand, the plaintiff is one month from the date of special inspection.