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(영문) 서울회생법원 2020.02.10 2019가단100057
청구이의
Text

1. The defendant's judgment is based on the table of rehabilitation creditors of the Seoul Rehabilitation Court 2008dan58 case against the plaintiff.

Reasons

1. Basic facts

A. On November 10, 2008, the Plaintiff filed an application for commencement of rehabilitation proceedings with Seoul Rehabilitation Court 2008dan58 (hereinafter “instant rehabilitation procedure”). On December 12, 2008, the above court decided to commence rehabilitation proceedings, and on June 22, 2009, decided to terminate rehabilitation proceedings on June 29, 2012.

B. The Defendant reported the claim amounting to KRW 400 million against the Plaintiff in the above rehabilitation procedure, and the Defendant recognized it as a rehabilitation creditor. According to the authorization decision of the above rehabilitation plan from 2009 to 2011, the Plaintiff entered the claim amounting to KRW 124,00,00 (18,600,000 (6,200,0000 x 3 x 105,057,143 x 73) in the list of rehabilitation creditors of this case, respectively, from 2012 to 2018.

C. The Plaintiff paid to the Defendant totaling KRW 223,290,300,00 from July 20, 2009 to November 7, 2015, which was after the decision of authorization as shown in the attached Table.

On January 15, 2019, the Defendant filed an application for the seizure of corporeal movables with the Seoul Eastern District Court C by designating the table of rehabilitation creditors of this case as the executive title, and conducted a seizure of the Plaintiff’s corporeal movables.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 9, significant facts in this court, purport of the whole pleadings

2. Summary of the parties’ assertion

A. The plaintiff's summary of the plaintiff's assertion demanded additional repayment to the defendant even though the defendant fully repaid the claims specified in the table of rehabilitation of this case, and paid the defendant a total of KRW 223,290,300 only after the decision to authorize the rehabilitation procedure of this case. Ultimately, since the amount of KRW 124,00,000 listed in the table of rehabilitation of this case is fully extinguished, compulsory execution against the plaintiff according to the table of rehabilitation of this case shall be dismissed.

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