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(영문) 서울고등법원 2016.12.23 2016나2061991 (1)
청구이의
Text

1.The judgment of the first instance shall be modified as follows:

Suwon District Court 2012dan83. 83.

Reasons

1. Basic facts

A. On October 8, 2012, the Plaintiff filed an application for commencing rehabilitation procedures with the Suwon District Court 2012dan83, and the said court (hereinafter “Rehabilitation Court”) decided to commence rehabilitation procedures on October 25, 2012.

(hereinafter “instant rehabilitation”). B.

In the rehabilitation procedure of this case, the Defendant reported the Plaintiff’s secured claim, and the Plaintiff submitted a rehabilitation plan with the content that the Plaintiff shall pay 493,409,950 won (i.e., the principal amount of KRW 414,906,047 prior to commencement of the rehabilitation procedure) (i.e., interest of KRW 78,503,90), and the remainder of KRW 296,045,970, which exempted the principal and interest prior to commencement of the rehabilitation procedure from the above amount in installments as indicated in the table below. If the Plaintiff fails to pay by the pertinent period, it shall pay damages for delay calculated at the rate of 11% per annum.

(Repaid Period was set from December 30, 2014 to December 30, 202, as of December 30, 202. From December 30, 2014 to December 30, 2022, the first and the second and the third fourth and the fourth and the 6th 7th 7th 8th 9th 9th 4,406,896,802,802, 299 29,604,597 29,604,604,597 29,604,597,444,406,896,406,894,406,89629,629,604,597 (unit: Won)

C. On November 18, 2013, the rehabilitation court approved the above rehabilitation plan. On January 16, 2014, the Plaintiff filed an application for permission to terminate the rehabilitation procedure with the rehabilitation court. On January 23, 2014, the rehabilitation court decided to terminate the rehabilitation procedure of this case.

The Plaintiff did not pay KRW 44,406,896 to the Defendant by December 30, 2014.

E. On May 15, 2015, the Defendant obtained the execution clause based on the table of rehabilitation secured creditors (hereinafter “the table of rehabilitation secured creditors of this case”) from the rehabilitation court, and filed an application for a seizure and collection order regarding the Plaintiff’s right to claim deposit withdrawal against the Republic of Korea with the Suwon District Court as the claim claim claim amount of KRW 296,045,970, all of the amount of the claims specified in the rehabilitation plan. On July 30, 2015, the Defendant received the acceptance from the said court.

(B) On December 30, 2015, prior to the closure of pleadings in the first instance court.

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