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(영문) 인천지방법원 2016.10.12 2016가단207552
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C filed an application for commencement of rehabilitation procedures on September 29, 2013 with the Incheon District Court 2013dan45, and upon receipt of a decision to commence rehabilitation procedures on November 6, 2013 from the Incheon District Court, upon receipt of a decision to authorize a rehabilitation plan on July 18, 2014 (hereinafter “instant rehabilitation procedure”), and currently under the rehabilitation procedure in question.

B. Of the rehabilitation rehabilitation plan of this case (hereinafter “instant rehabilitation plan”), the method of modifying the rights of rehabilitation security rights in Section 2 of Chapter III among the rehabilitation plan of this case (hereinafter “instant rehabilitation plan”) and the method of repayment are as follows with respect to “the disposal of proceeds from the sale of objects of security and the delegation of disposal rights,” and the method of repayment of public-interest claims in Chapter IV

(2) In the case of selling an object as collateral (1), the sales proceeds shall be repaid in order according to the order of establishing rights of rehabilitation secured creditors within the scope of the actual amount of secured claims calculated by deducting taxes, sales-related expenses and transfer expenses incurred from such disposal from the sales proceeds. (2) In the case of Daejeon Special Metropolitan City where the amount of redemption of rehabilitation security rights is paid with the sales proceeds, the amount of redemption for the rehabilitation security rights shall be preferentially paid in order of the maturity date after the payment date, and the remainder shall be used as the repayment of public-interest claims, driving funds, and the amount of redemption for the rehabilitation claims.

(3) If the sale of collateral does not take place during the first year (2014), which is the time scheduled for sale of the present rehabilitation plan, the debtor may, with the permission of the court, delegate the sale to the rehabilitation secured creditor with the permission of the court.

Part IV: Public-interest claims unpaid as of the commencement date of the decision on the repayment method of public-interest claims and public-interest claims accrued thereafter shall be the profits and other financial resources.

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