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(영문) 대구지방법원 2019.06.20 2018가합210410
채권조사확정재판에 대한 이의의 소
Text

1. The Daegu District Court shall authorize the final claim inspection judgment of 2018 Preamble33 dated October 23, 2018.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. B was decided to commence rehabilitation procedures on January 4, 2018 by the Daegu District Court, and was decided to authorize the rehabilitation plan on June 11, 2018.

(Tgu District Court 2017 Congress152). (b)

On May 25, 2018, the Plaintiff reported the damage claim KRW 7,666,541,225 to the above court as a rehabilitation claim, even with the period for reporting the claim under the above rehabilitation case.

C. On June 11, 2018, the above court held a special inspection date, and the Defendant raised an objection on the grounds that the existence of the claim against the rehabilitation claim reported by the Plaintiff was unknown on the said special inspection date.

On June 12, 2018, the Daegu District Court served on the Plaintiff a notice of objection stating that “There is an objection against the right reported by the Plaintiff on the special inspection date held on June 11, 2018, and thus, it is prohibited from participating in the distribution procedure under the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”) with respect to the portion of the objection if the Plaintiff did not file an application for confirmation of rehabilitation claim with the relevant party member within one month from the said special inspection date (within July 11, 2018).”

E. On July 12, 2018, the Plaintiff filed an application with the Defendant for the final claim inspection judgment in this case (hereinafter “instant application”). However, the Daegu District Court (2018Ma333) on October 23, 2018, “a rehabilitation creditor holding an objection to the claim” (Article 170(1) and (2) of the Debtor Rehabilitation Act shall file an application for the final claim inspection judgment within one month from the special date of the objection against the claim (Article 170(1) and (2) of the Debtor Rehabilitation Act and Article 170 of the Debtor Rehabilitation Act (the final claim inspection judgment) (1) of the same Act and Article 170 of the same Act) (if any custodian, rehabilitation creditor, rehabilitation secured creditor, shareholder, or equity right holder raises an objection against any rehabilitation claim and rehabilitation security right that are entered in the list or reported, the said rehabilitation claim or rehabilitation security right (hereinafter “instant claim”).

(b).

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