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(영문) 창원지방법원 2017.06.01 2016가합455
부인의 청구를 인용하는 결정에 대한 이의
Text

1. The plaintiff's claim is dismissed.

2. The motion between the Plaintiff and the Defendant to set aside the Changwon District Court No. 2015 No. 4.

Reasons

1. Basic facts

A. On August 1, 2013, Daewon District Court Decision 201Da32038 decided August 13, 2013 (hereinafter referred to as the “Seoul District Court”) rendered a disposition of suspension of transaction and filed an application for commencement of rehabilitation proceedings with the Changwon District Court 2013 Ma32 decided August 13, 2013.

On November 29, 2013, the above court decided to discontinue the rehabilitation procedures for the large mountain area industry, and on December 14, 2013, the decision was finalized, and on January 9, 2014, on January 9, 2014, the adjudication of bankruptcy was made by the Changwon District Court 2013Hau23.

B. On August 12, 2013, the Plaintiff filed an application with the Changwon District Court for the payment order of the price for goods with the Changwon District Court 2013 tea2366, and on August 13, 2013, the Plaintiff received the payment order (hereinafter “instant payment order”) from the said court to the effect that “the respondent would pay to the applicant the amount of KRW 6,292,932,891 and the delay damages therefrom,” and the said order became final and conclusive on August 31, 2013.

C. On September 23, 2013, the Plaintiff: (a) received the original order for the instant payment; (b) 6,400,000,000 won for the claim amount as of September 23, 2013; (c) 3; (d) 3; (c) 3; and (d) 3; and (e) issued the order for the seizure and collection of the claim amount as to the above claim amount among the deposit claims, etc. that the debtor has against the third party debtor; (d) 2013TTT4350; and (e) served the said third party debtor at around that time; (e) 6,462,00,000 won for the claim amount as of October 7, 2013; and (e) 3; (e) 3; (e) Masan-co Co., Ltd.; and (e) 4; and (e) received the order for the above claim amount as against the third party debtor; and (e) 3) 201, 361361 and 461.

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