파산채권확정
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
1. Basic facts
A. On May 10, 1984, the Plaintiff joined a new comprehensive financial company (hereinafter “new comprehensive financial company”) and retired on April 30, 1998.
B. The retirement allowances actually paid to the Plaintiff from the new comprehensive financing (i.e., 117,291,423 won (i.e., retirement allowances of 123,613,93 won - income tax of 2,730,340 won - resident tax of 273,030 won - National Pension of 3,319,200 won). The Plaintiff received 58,645,710 won out of the said amount from the new comprehensive financing around May 1998.
C. The New General Finance was declared bankrupt on October 9, 1998 by Seoul District Court 98Ha119 (hereinafter “instant bankruptcy procedure”) and the Seoul District Court appointed B as the bankruptcy trustee at the time of the above declaration of bankruptcy.
On November 5, 1998, the Plaintiff reported as a bankruptcy claim the amount of unpaid retirement allowance claim against the new comprehensive finance of the bankrupt (i.e., 117,291,423 won - 58,645,710 won - 58,645,710 won, and hereinafter “instant retirement allowance claim”). However, the Plaintiff, at the time of the bankruptcy proceeding, filed an objection against the total amount of the Plaintiff’s report on the claim on the date of claim inspection on the 27th of the same month.
E. On December 17, 2001, the bankruptcy trustee B resigned from the bankruptcy trustee of the new comprehensive finance finance of the bankrupt after obtaining a resignation permit from the Seoul District Court, and the defendant was appointed as a new bankruptcy trustee of the new comprehensive finance of the bankrupt after obtaining a appointment permit from the Seoul District Court on the same day.
F. Meanwhile, according to the Korea Deposit Insurance Corporation’s early measures to close the bankruptcy estate, the Defendant assessed the assets held by the new comprehensive financial company bankrupt on May 7, 2004 according to the criteria to purchase the assets of the bankrupt estate, and sold the remaining assets to the Reorganization Financial Corporation, excluding the assets in connection with the lawsuit under way among the above assets, and paid interim dividends with the above sales funds on April 15, 2005.
G. The defendant also raises an objection to the Seoul Central District Court on February 24, 2006.