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(영문) 수원지방법원 2019.09.26 2019가합930
파산채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court shall authorize the final judgment in claim allowance proceedings of bankruptcy No. 2018Haba46 dated April 9, 2019.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On February 16, 2015, the debtor filed a petition for bankruptcy as Suwon District Court 2015Hahap1001.

On March 26, 2015, the same court appointed the defendant as trustee in bankruptcy while declaring bankruptcy against the debtor, and set the period for reporting the debtor as of April 24, 2015.

B. On September 16, 2015, when the period for reporting the claims expires, the Plaintiff and the selector submitted to the pertinent court a claim registration statement that did not specify the amount of claims over three times on July 12, 2017 (hereinafter “the first claim registration statement”).

On July 12, 2017, the Defendant raised an objection on July 12, 2017 on the ground that the reported amount of claims was not specified on the claims presented as the first credit report by the Plaintiff and the designated parties.

On August 2, 2017, the Plaintiff filed an application for final claim inspection judgment with Suwon District Court 2017Haper15.

C. On June 22, 2018, the Suwon District Court dismissed the application for the final claim inspection judgment filed by the Plaintiff and the selector on the ground that “The Plaintiff and the selector reported the first claim without specifying the amount of the claim, and thus, the application for the final claim inspection judgment based thereon is unlawful.” (hereinafter “the first decision”).

The first decision was served on July 4, 2018 on the plaintiff and the selector. D.

On October 29, 2018, the defendant applied for permission for the last distribution to the Suwon District Court.

On November 1, 2018, the same court permitted the last dividend, and on November 2, 2018, set the period of exclusion from the last dividend by November 19, 2018.

E. On November 9, 2018, the Plaintiff and the selector submitted a claim registration statement in total at KRW 3.755 billion (hereinafter “the second claim registration statement”) to the above court on the grounds of the same claim as the first claim registration statement, and filed an application for the final claim inspection judgment in this case.

However, the date for the inspection of claims pursuant to the second report of claims was not held, and the result of the inspection was not stated in the Table of Bankruptcy Creditors.

F. The defendant is the plaintiff.

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