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(영문) 서울중앙지방법원 2016.12.08 2015가합556789
채권조사확정재판에 대한 이의의 소
Text

1. The Seoul Central District Court's decision on the inspection of rehabilitation claims No. 2012 dated June 2, 2015 is amended as follows:

Reasons

1. Basic facts

A. The Plaintiff and the Defendant jointly and severally guaranteed the duty to perform construction works and the duty to repair defects in respect of some construction works performed by the Plaintiff.

B. On October 20, 201, the Plaintiff filed an application for commencement of rehabilitation procedures with the Central District Court 201hap136 on October 20, 201, and received a decision on commencement of rehabilitation procedures on November 8, 2011, the said rehabilitation procedures was abolished on June 11, 2012. The Plaintiff filed an application for commencement of rehabilitation procedures with the Seoul Central District Court 2012hap103, Jun. 18, 2012, which was decided to authorize the rehabilitation plan on October 11, 2012, and was decided to authorize the rehabilitation plan on November 15, 2013 (hereinafter “instant rehabilitation procedures”). The Plaintiff received a decision on the commencement of rehabilitation procedures based on the revised rehabilitation plan with M&A investment funds, etc., and received a decision on the completion of rehabilitation procedures on May 7, 2014 (hereinafter “instant rehabilitation procedures”).

2) In the rehabilitation procedure of this case, the Defendant reported the total amount of KRW 10,904,880,767 as rehabilitation claims.

On October 26, 2012, the Plaintiff filed an objection against the Plaintiff’s custodian, and the Defendant filed an application for the final inspection judgment on rehabilitation claims under Seoul Central District Court 2012 Ma3288.

3) On June 2, 2015, the foregoing court rendered a ruling that “the Plaintiff’s instant rehabilitation procedure was terminated at the time of the final inspection judgment rendered by the Defendant, at the time of the instant final inspection judgment rendered by the Defendant. The lower court’s determination that the amount of the rehabilitation claim (undetermined indemnity) is KRW 5,467,182,459” (hereinafter “instant final inspection judgment”).

(4) The rehabilitation claims reported by the Defendant in the rehabilitation procedure in this case and the rehabilitation claims recognized in the final inspection judgment in this case are as indicated in the attached Table “amount of recognition of the rehabilitation claims”.

According to the sequence of each claim below, “instant claim 1”.

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