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(영문) 서울고등법원 2019.05.09 2018나2047746
채권조사확정재판에 대한 이의의 소
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. The reasoning for this part of this Court is as follows, and the corresponding part of the judgment of the court of first instance (2nd 9 to 4th 14th eth eth eth eth eth eths) is the same.

(The main text of Article 420 of the Civil Procedure Act). On the fourth 1st day of the judgment of the court of first instance, “A from B to B on the special date for the investigation of claims” was completed on June 21, 2016 without a decision to dismiss the subsequent completion report of this case, the said court opened a special investigation date and completed the investigation of the said rehabilitation security right for which the subsequent completion report was filed on June 21, 2016. The custodian Q was conducted on the said special investigation date.”

The 4th parallel of the first instance judgment "2016 Ma643" shall be applied to "2016 Ma645".

2. The reasoning for this part of the court’s assertion is as follows: (a) the part on the grounds of the judgment of the first instance (No. 15 to No. 5) (No. 15 of the 4th 15 of the 15th 5th 15 of the 11st 15 of the 11st 5th 1

(main sentence of Article 420 of the Civil Procedure Act).3. Determination

A. Article 152(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) provides that, when any rehabilitation secured creditor fails to file a report within the reporting period due to any cause not attributable to him/her, the subsequent return may be filed within one month after the relevant cause ceases to exist. Paragraph (4) of the same Article provides that the provisions of paragraph (1) shall apply mutatis mutandis to cases where the rehabilitation secured creditor changes to the content detrimental to the interests of other rehabilitation secured creditors with respect to any matter reported due to any cause not imputable to him/her.

In cases where a subsequent completion report is filed under Article 152(1) or (4) of the Debtor Rehabilitation Act, the rehabilitation court shall review the requirements under paragraphs (2) and (3) of the same Article and make a decision to dismiss the report in accordance with the lawfulness or undergo the inspection procedure as a rehabilitation claim or rehabilitation security right.

On the other hand, the bankruptcy court has completed the procedure of examining the reported claims by opening the special investigation date, which is judged lawful.

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