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(영문) 부산지방법원 2020.07.08 2019가단20753
개인회생채권조사확정재판결정에대한이의
Text

1. The Busan District Court shall authorize the final judgment on a final judgment on an individual rehabilitation claim to be made on November 11, 2019, 2019.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Defendant filed a lawsuit against the Plaintiff, B, and C with Busan District Court Decision 2015Da243664, Mar. 11, 2016, the said court rendered a judgment that “The Plaintiff, B, and C shall jointly and severally pay KRW 179,209,887 to the Defendant and KRW 169,586,00 among them, KRW 17% per annum from August 22, 2001 to December 17, 2005; KRW 20% per annum from the following day to September 30, 2015; and KRW 15% per annum from the next day to the date of full payment.” The said judgment became final and conclusive at that time.

B. On March 2, 2018, the Plaintiff implemented the debt reduction and exemption system for a limited period from March 1, 2018 to May 31, 2018 from the Defendant’s “from March 1, 2018 to May 31, 2018.” On the same day, the Plaintiff received a postal item, “a notice of debt reduction and exemption,” stating that the Plaintiff’s notification of debt reduction and exemption would be made to actively provide consultation with the counseling staff, as the Plaintiff would reasonably be expected to grant benefits for debt reduction and exemption,” and visited the Defendant on March 7, 2018 to receive consultation about the issue of debt reduction and exemption based on the said judgment against the Defendant, and on the same day, “the current status of claims” from D, an employee

The notice of this case was received, and the notice of this case was stated as "the amount of calculation" at the bottom: 207,694,083 x 1/3 x 69,231,361 (the principal's shares) - 33,935,515 (the amount of redemption) = 35,295,846.

C. On May 29, 2018, the Plaintiff filed an application for individual rehabilitation with Busan District Court Decision 2018Da13050, and the said court decided to commence individual rehabilitation proceedings on March 12, 2019.

In the rehabilitation procedure, the Plaintiff entered the obligation against the Defendant in the list of individual rehabilitation creditors in the instant document as KRW 35,295,846, which was stated in the list of individual rehabilitation creditors, and the Defendant is the Defendant’s individual rehabilitation claim against the Plaintiff under Busan District Court 2019-2, which was KRW 171,360,808, and its delay damages.

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