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1.The judgment of the first instance shall be modified as follows:
The plaintiff's bankruptcy claim against the bankrupt area B housing association shall be the general bankruptcy claim.
Reasons
1. Facts of recognition;
A. On July 16, 2013, the Plaintiff filed an order with C (hereinafter “Nonindicted Company”) to pay wages and retirement allowances with the Seoul Central District Court Decision 2013 tea47464, and applied for payment order with the said court to the effect that “The Nonparty Company shall pay to the Plaintiff 83,958,855 won and damages for delay calculated at the rate of 20% per annum from September 17, 2013 to the date of full payment.” The above payment order became final and conclusive.
B. On June 20, 2014, the Plaintiff was issued a provisional seizure and a collection order for KRW 96,776,265, out of the claim for design service cost to the non-party company B’s regional housing association (hereinafter “instant design service cost claim”) based on the above payment order finalized by the Seoul Central District Court 2014TTTTT17428, and the Plaintiff was served on B’s housing association, the debtor, on June 26, 2014.
C. On October 15, 2015, the District Housing Association was declared bankrupt on January 27, 2016 by the Seoul Central District Court 2015Hahap33, and the Defendant was appointed as the bankruptcy trustee. The District Housing Association was declared bankrupt on January 27, 2016, that “B shall pay to the Plaintiff the amount of KRW 96,776,265, and the amount of KRW 20% per annum from August 12, 2015 to the date of full payment.”
In the bankruptcy case at the above bankruptcy case, the Plaintiff reported 105,684,980 won ( principal 96,776,265 won and damages for delay calculated by 20% per annum from August 12, 2015 to January 26, 2016, which is the day before the bankruptcy was declared) as bankruptcy claims related to principal and interest claims based on the judgment of the first instance court of this case, and the Defendant raised an objection to the above 105,684,980 won, which was reported by the Plaintiff as bankruptcy claims related to the judgment of the first instance court of this case on March 24, 2016.
E. On March 3, 2016, the Defendant rendered the instant legal proceedings pursuant to Article 466(2) of the Debtor Rehabilitation and Bankruptcy Act.