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(영문) 서울중앙지방법원 2016.11.17 2016가단5085466
청구이의
Text

1. The Seoul Central District Court Decision 2009Kadan106971 Decided January 6, 201 against the Defendant’s Plaintiff.

Reasons

1. Basic facts

A. On January 6, 2011, the Defendant filed a lawsuit against the Plaintiff for the claim for the agreed amount under this Court Order 2009da106971, and this Court rendered a judgment against the Plaintiff that “The Plaintiff shall pay to the Defendant 37,000,000 won with 5% per annum from April 3, 2008 to January 6, 2011, and 20% per annum from the next day to the date of full payment” (hereinafter “instant judgment”). The instant judgment became final and conclusive on March 12, 2012.

As to the instant judgment, the Plaintiff appealed to this Court 201Na8477, but the appeal was dismissed on November 24, 201, and the Plaintiff appealed to Supreme Court 2012Da5667, but the appeal was dismissed on March 6, 2012.

B. On the other hand, on November 11, 201, the Plaintiff filed an application for rehabilitation with this Court 201 Gohap157 (hereinafter “instant rehabilitation procedure”), and the progress of the instant rehabilitation procedure is as follows.

1) On May 16, 2012, the first creditors meeting date of the second creditors meeting (4th creditors meeting date of May 16, 2012), June 13, 2012, 201: (a) the rehabilitation plan for rehabilitation procedures (2) March 21, 201; and (b) the rehabilitation plan for rehabilitation procedures (3) March 21, 201; and (c) the second creditors meeting date of the second creditors meeting on June 20, 2012;

C. In the rehabilitation procedure of this case, the Defendant reported the claim amounting to KRW 51,034,656 (the interest amounting to KRW 11,601,780 (the interest amounting to KRW 2,432,876) calculated by the judgment of this case, and the Plaintiff was the full time limit for the claim.

According to the list of rehabilitation creditors prepared in the rehabilitation procedure of this case, the right of the defendant was changed to KRW 25,272,926 (the principal of KRW 19,240,000 (the interest rate of KRW 6,032,926) with respect to the defendant's claim against the plaintiff.

E. Notwithstanding the above approval for rehabilitation plan and change of right, the Defendant calculated the claim amount as KRW 80,837,396 according to the instant judgment, and applied for the seizure and collection order of claim 2016TT 101753, and received the cited decision on April 1, 2016.

F. On April 15, 2016, the Plaintiff: (a) the Defendant was deposited as a principal under the said Table of Rehabilitation Creditors Act (No. 1777 of this Court, 2016); and (b) pursuant to the said Table of Rehabilitation.

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