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(영문) 서울중앙지방법원 2016.11.11 2016가합524307
채권조사확정재판에 대한 이의의 소
Text

1. The Seoul Central District Court shall authorize the final claim inspection judgment of bankruptcy No. 2014Hang90 dated March 3, 2016.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On May 4, 2009, C, a creditor of the Spaco Co., Ltd. (hereinafter “Bankruptcy Obligor”), filed an application for adjudication of bankruptcy with each of the bankruptcy obligors as the Seoul Central District Court No. 2009Hau33, and D, a creditor, on August 28, 2009, as the above court No. 2009Hau76, respectively. On November 30, 2009, the above court appointed the Defendant as the bankruptcy trustee (hereinafter “instant bankruptcy procedure”).

B. On February 27, 2012, the Plaintiff reported the first bankruptcy claim, etc. (hereinafter “the first bankruptcy claim of this case”) and KRW 1,987,912,988 in the bankruptcy court (hereinafter “the first bankruptcy claim of this case”).

(2) On July 19, 2012, the Defendant filed an objection against the total amount of the first bankruptcy claim of this case as of July 19, 2012. (2) On August 14, 2012, the Plaintiff, as the other party, filed an application for the final inspection judgment with the Seoul Central District Court 2012Haba-127 as to KRW 1,257,912,98 of the first bankruptcy claim of this case. However, on May 23, 2013, the application for the final inspection judgment was withdrawn.

C. On October 29, 2013, the Plaintiff, including the report of the second bankruptcy claim, filed a report on the amount of KRW 1,287,912,988 (hereinafter “the second bankruptcy claim of this case”) as a bankruptcy claim by reducing part of the first bankruptcy claim of this case with the second bankruptcy court, but the Defendant stated an objection against the total amount of the second bankruptcy claim of this case on March 13, 2014 at the special date for the investigation of claims.

1) On April 14, 2014, the Plaintiff filed an application with the Seoul Central District Court for a final inspection judgment of KRW 1,257,912,98 of the instant secondary bankruptcy claims with the Defendant as the other party, and filed an application with the Seoul Central District Court for a final inspection judgment of KRW 1,257,912,98 of the instant secondary bankruptcy claims. On June 23, 2014, the purport of the application is 1,193,894,305 (hereinafter “instant bankruptcy claims”).

(2) On March 3, 2016, the above court dismissed the Plaintiff’s application for the following reasons, and “the instant final inspection judgment” was rendered.

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