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(영문) 수원지방법원평택지원 2017.06.01 2016가단13869
청구이의
Text

1. The Defendant’s compulsory execution against the Plaintiff on the payment order (No. 2016) No. 2173 of the Suwon District Court was conducted.

Reasons

1. Basic facts

A. On December 30, 201, the Plaintiff filed an application for commencing rehabilitation procedures with Suwon District Court 201 Ma108, and received a decision to commence rehabilitation procedures from the said court, respectively, on September 19, 201, and subsequently rendered a decision to discontinue rehabilitation procedures from the said court on October 8, 2014.

(hereinafter “instant rehabilitation procedure”). B.

In the rehabilitation procedure of this case, medical corporations (hereinafter “the Medical Corporation”) reported the Plaintiff’s agency fee of KRW 1,690,000 as rehabilitation claims. Accordingly, the Plaintiff’s trustee did not raise any objection.

The above bonds are entered in the table of rehabilitation creditors and their rights were changed to KRW 523,90 according to the rehabilitation plan.

C. On May 17, 2016, the Defendant received the above claim from the Suwon Medical Foundation, and the Plaintiff did not pay the said claim to the Defendant, and applied for a payment order against the Plaintiff seeking payment of KRW 1,690,000 against the Plaintiff as the court 2016 tea2173, and received the payment order (hereinafter “instant payment order”) from this court on June 20, 2016, and the Plaintiff did not raise any objection thereto, and became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 5-1 to 5, the purport of the whole pleadings

2. According to the Debtor Rehabilitation and Bankruptcy Act, when it is decided to grant authorization for a rehabilitation plan, the rights of rehabilitation creditors, etc. are altered according to the rehabilitation plan (Article 252(1)). The entry of the table of rehabilitation creditors or the table of rehabilitation secured creditors on rights recognized according to the rehabilitation plan based on any rehabilitation claim or rehabilitation security right has the same effect as a final and conclusive judgment at the time a decision to grant authorization for a rehabilitation plan becomes final and conclusive (Article 255(1)). The foregoing entry is recognized

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