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(영문) 전주지방법원 2019.02.13 2018가단17725
배당이의
Text

1. Of the distribution schedule prepared on July 11, 2018 by the aforementioned court with respect to the distribution procedure case of the Jeonju District Court C, the defendant is against the defendant.

Reasons

1. Facts of recognition;

A. On March 12, 2007, D prepared an agreement on installment payment with respect to each promissory note 11, as indicated in the separate sheet issued or endorsed by the Plaintiff and the Plaintiff, including the Plaintiff and the F limited liability company, between E on March 12, 2007, with respect to each promissory note 11, as indicated in the separate sheet, D completed the registration of creation of a neighboring mortgage with respect to the maximum debt amount of 46.5 million won, the mortgagee, the Defendant of the right to collateral security, and the debtor D, with respect to the previous North North Korea group 221 square meters, etc. owned by D, and

B. On June 28, 2007, the Plaintiff filed an application for commencement of rehabilitation procedures with the Jeonju District Court 2007 Joints1.

On September 18, 2007, the above court rendered a decision to commence rehabilitation procedures (hereinafter “instant rehabilitation procedures”) with respect to the plaintiff on September 18, 2007, and decided the rehabilitation plan approval on May 20, 2009. The rehabilitation procedure of this case against the plaintiff was completed and finalized on September 3, 2014.

C. During the instant rehabilitation procedure, E filed a subsequent report on the amount of promissory notes Nos. 1 through 10 listed in the separate sheet in the Defendant’s name as a rehabilitation claim, and the Plaintiff’s administrator (D) was deemed as it is.

As a result, the rehabilitation claims in the name of the defendant in the trial are confirmed as they are, and the total amount of KRW 90,000,000,000, which is equivalent to 40% of the principal for the total amount of KRW 90,000,000,000,000 in the attached list classified as commercial credit among the confirmed rehabilitation claims, and for the total of KRW 28,120,000,000 in the attached list classified as guaranteed bonds, it was entered in the table of rehabilitation creditors (hereinafter “the attached list of rehabilitation creditors of this case”).

However, the defendant did not engage in any transaction, such as money or bills, and the defendant reported each promissory note as rehabilitation claim in the name of the defendant under the consent of the defendant who is a kys.

E. Nevertheless, the defendant is the Jeonju District Court based on the table of rehabilitation creditors of this case.

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