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(영문) 부산지방법원 2020.10.14 2019가합46219
채권조사확정재판에 대한 이의의 소
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Basic facts

A. On November 9, 2018, the Plaintiff received a decision to commence rehabilitation procedures (hereinafter “instant rehabilitation procedures”) from the 2018dan1023 from this court, and the Plaintiff was appointed as a joint manager A and B (hereinafter “joint administrator”).

B. In the instant rehabilitation procedure against the Plaintiff, the Defendant reported the Plaintiff’s rehabilitation claim equivalent to the above amount on the ground that the Defendant, on June 25, 2016, had a claim for reimbursement, which is likely to exercise in the future under Article 126(3) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”), including the amount of KRW 13.5 billion, due to the Defendant’s subrogation for the partnership’s debt against D, Inc., as of June 25, 2016, KRW 50 million, due to the subrogation for the obligation for construction payment to E, and KRW 2.7 billion, due to the subrogation for the obligation for refund of lease deposit, and the joint managers denied the entire rehabilitation claim reported by the Defendant.

C. In the final claim inspection judgment filed by the Defendant against co-manager, this Court decided on June 12, 2019 that “The rehabilitation claim against the Defendant’s obligor A (Plaintiff) is KRW 5,303,333,333.”

(No. 2019.7) d.

The co-manager filed the instant lawsuit, such as the statement in the purport to the effect that the Defendant’s report on rehabilitation claims based on the premise of the above right to reimbursement is unreasonable, since there is no right to claim reimbursement under Article 126(3) of the Debtor Rehabilitation Act against

E. After the instant lawsuit was filed, on November 15, 2019, the rehabilitation procedure of this case was abolished pursuant to Article 286(1)2 of the Debtor Rehabilitation Act, on the ground that the rehabilitation plan submitted by the administrator was rejected at the meeting of interested parties, and the said decision was finalized on November 30, 2019.

F. As the abolition of the rehabilitation procedure of this case becomes effective, the authority of joint managers is extinguished, and the Plaintiff’s right to work and property.

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