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1. The defendant's Daegu District Court 201 Gohap15 against the plaintiff in the table of rehabilitation creditors with executory power over the rehabilitation case.
Reasons
1. Basic facts
A. On May 3, 2011, the Plaintiff filed an application for commencement of rehabilitation procedures with the Daegu District Court No. 2011hap15, and received a decision to commence rehabilitation procedures on May 31, 201 from the said court and to authorize the rehabilitation plan on December 17, 2012.
(hereinafter referred to as the “instant rehabilitation procedure”). B.
In the rehabilitation procedure of this case, the Defendant reported the amount of KRW 108,379,277 of commercial transaction claims as rehabilitation creditors, and the rehabilitation creditors’ list (hereinafter “the rehabilitation creditors’ list of this case”) consisting of the Defendant’s principal amount of the rehabilitation claims at KRW 108,379,277, which is based on the time-off procedure.
C. According to the rehabilitation plan approved by the Plaintiff, the rehabilitation claims regarding commercial transaction obligations include the conversion of 60% of the principal into equity and the repayment of 40% of the principal by 2 million won per year from the first year (2013) to the fifth year (2017) (200,000 won per year from the sixth year (2018) to the tenth year (202) (202).
On February 16, 2017, the Plaintiff received a decision to terminate the rehabilitation procedure from the above court.
E. On March 19, 2019, based on the table of rehabilitation creditors of this case, the Defendant was issued a seizure and collection order for the claims against D, which the Plaintiff had against D, who is the third debtor, on the ground that: (a) the sum of KRW 16,670,342 [the sum of KRW 10,00,000,00 each year in total from the first year (2,000 to the fifth year (2017) and KRW 6,670,342]; and (b) the Defendant was issued a collection order for the claims against D, which the Plaintiff had against D, the third debtor.
F. The Plaintiff made the Defendant as the principal deposit, and deposited the sum of KRW 24,391,711 on two occasions as indicated below to the deposit officials of the Daegu District Court as indicated in the table below.
G. In addition, the Plaintiff had the right to demand reimbursement against the Defendant of the amount of KRW 10,121,007 according to the Daegu District Court Decision 2018Kada10058 on the determination of litigation costs. However, on March 4, 2020, the Plaintiff has the right to demand reimbursement against the Defendant.