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(영문) 서울동부지방법원 2021.03.12 2020가단13824
청구이의
Text

Seoul Eastern District Court 99 Ghana 2975, the same court 2009 Ghana 32114, and the same court with respect to the defendant's plaintiff.

Reasons

1. Basic facts

A. On June 1, 1999, the Defendant filed a lawsuit against the Plaintiff for the claim for the payment of goods against the Seoul Eastern District Court 99 A, the Seoul Eastern District Court 2975, and paid the Plaintiff the amount calculated by applying the rate of 4,709,139 won and the rate of 25% per annum to the Plaintiff (Defendant C corporation of this case) from April 20, 199 to the date of full payment. The judgment became final and conclusive around that time.

B. In order to extend the prescription period of the above claim, the Defendant filed a lawsuit for the claim for the price of goods with Seoul Eastern District Court Decision 2009 Ghana 32114, August 31, 2009, and the Defendant (the Plaintiff, the Plaintiff of this case) paid to the Plaintiff (the Plaintiff, the Plaintiff of this case), the amount of KRW 14,065,489, and the amount of KRW 4,709,139, and the amount of KRW 20% per annum from August 28, 2009 to the day of full payment. The judgment became final and conclusive around that time.

(c)

In order to extend the prescription period of the above claim, the Defendant filed a lawsuit for the claim for the purchase of goods with Seoul Eastern District Court Decision 2019 District Court Decision 32762, Apr. 1, 2020, the Defendant (the Plaintiff A, the Plaintiff of this case) paid to the Plaintiff (the Plaintiff Co., Ltd. of this case) 14,065,489 won, 4,709,139 won, and 20% per annum from August 28, 2009 to September 30, 2015, and 12% per annum from the next day to the day of full payment. The judgment became final and conclusive around that time.

(d)

On the other hand, on June 4, 2013, the Plaintiff filed an application for commencement of rehabilitation proceedings with the Seoul Central District Court (Seoul District Court) 2013 short 13 times, and received a decision on June 25, 2013. On September 2, 2013, the first meeting of related parties was held on September 2, 2013. On November 2 and 3, 2013, the Plaintiff was decided to open the meeting of related parties and was decided to authorize the rehabilitation plan on November 26, 2013.

After November 30, 2015, the rehabilitation procedure was completed.

E. On July 9, 2013, the Plaintiff, as a custodian of the above rehabilitation procedure (hereinafter “instant rehabilitation procedure”), submitted a list of rehabilitation creditors, etc. to the above court. The Plaintiff submitted the rehabilitation plan as above.

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