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(영문) 서울중앙지방법원 2015.04.24 2014가합527272
청구이의
Text

1. The defendant's judgment against the plaintiff is based on the table of rehabilitation creditors of Seoul Central District Court 2009 Gohap24.

Reasons

1. Basic facts

A. The Plaintiff’s rehabilitation procedure and the Defendant’s confirmation of rehabilitation claim were ordered to commence rehabilitation procedures on March 6, 2009 by Seoul Central District Court 2009 Ma24, and the rehabilitation procedure was completed on May 18, 201 (Evidence A2 and 3, the right to manage and dispose of the company’s business and the property, while the rehabilitation procedure was initiated after the commencement of rehabilitation procedures, belongs to the administrator, but the following is indicated only as the Plaintiff without any separate distinction.

The same shall apply to the defendant

(2) Under the above rehabilitation procedure (hereinafter “Plaintiff’s rehabilitation procedure”), the Defendant reported the rehabilitation claim of USD 199,975,658.19 (except as otherwise indicated, “$ 199,975,65,658.19 (hereinafter “US”) among them, and the Plaintiff’s custodian has raised an objection against USD 9,309,678.09 among them and USD 190,665,980.10 (7 vessels, such as Titggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggggs). The Defendant’s rehabilitation claim of USD

(A) However, around January 27, 2010, the Plaintiff and the Defendant agreed not to file a lawsuit for objection against the final inspection judgment, instead of reducing USD 1,00,000 among the rehabilitation claims (Evidence 7). On February 1, 2010, the Plaintiff obtained permission from the court for the above agreement (Evidence 8-1, 2). Accordingly, the Defendant’s rehabilitation claim amounting to USD 64,924,314.09 ($ 9,309,678.09, which is the current rehabilitation claim claim amounting to USD 56,614,636 - agreed to reduce the amount of USD 1,00,00 (Evidence 7). Accordingly, the rehabilitation creditors’ list (hereinafter “instant rehabilitation creditors’ list”).

(B) On the other hand, according to the Plaintiff’s authorized rehabilitation plan, the principal and interest prior to the commencement of rehabilitation procedures for commercial claims among rehabilitation claims.

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