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(영문) 수원지방법원 2016.05.03 2015가단66256
집행문부여에 대한 이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff filed an application for commencement of individual rehabilitation procedures with Suwon District Court Decision 201Da38401, and received a decision to authorize the commencement of individual rehabilitation procedures and the repayment plan from the above court, but was rendered a decision to discontinue individual rehabilitation procedures on June 26, 201, on the ground that it is evident that the repayment plan authorized cannot be implemented on June 26, 201, and the foregoing discontinuation decision was finalized on July 11, 2013.

B. The loan amounting to KRW 234,998,506 and interest bonds thereon (hereinafter “instant loan”) of the E-value Savings Bank (hereinafter “E-value Savings Bank”) were recorded in the table of individual rehabilitation creditors of the instant individual rehabilitation case (hereinafter “individual rehabilitation creditors of this case”).

C. On June 21, 2013, the Ep Savings Bank delegated the right to notify the assignment of claims to the Defendant while transferring the instant loan claims, and on August 25, 2013, the Ep Savings Bank and the Defendant sent the notice of the assignment of claims to the Plaintiff by content-certified mail.

On September 5, 2013, the Defendant applied for grant of succession execution clause on the list of individual rehabilitation creditors of this case, and the officer of the Suwon District Court (the officer of the Suwon District Court) granted the succeeding execution clause to the Plaintiff, and the said succeeding execution clause was served by public notice on November 14, 2013 to the Defendant.

E. On May 29, 2015, based on the table of individual rehabilitation creditors of this case, the Defendant applied for a seizure and collection order regarding the wage claim against the Korea Intellectual Property Strategy Institute, a foundation of the Plaintiff, with the amount claimed as KRW 502,217,751 under the Incheon District Court Branch Branch 2015TTT 30399, based on the table of individual rehabilitation creditors of this case. On June 2, 2015, the said court rendered a decision to accept the claim.

F. The Plaintiff appealed as the Incheon District Court 2015Ra5104 regarding the above order of seizure and collection, but the above court rendered a decision to dismiss it on November 17, 2015, and the Plaintiff re-appealed as the Supreme Court 2015Ma4479, but the above court rendered a decision to dismiss it on January 29, 2016.

Grounds for recognition.

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