Guidance Related to the Notice of Objection

Guidance Related to the Notice of Objection With regard to the list of creditors submitted by the debtor and the credits reported by the creditors, th...
Author: Myron Wilcox
2 downloads 0 Views 50KB Size
Guidance Related to the Notice of Objection With regard to the list of creditors submitted by the debtor and the credits reported by the creditors, the debtor's administrator, etc., has an objection and accordingly, such objection is notified pursuant to the attached notice of objection: To verify the detailed contents of approval and disapproval on the rights reported by you, please contact the administrator's office (our task force team

02-6960-6072, 6722

or 6950) The creditor who is dissatisfied at the results of investigation is requested to apply for a trial for determination of investigation against the person having an opposition(the administrator, other creditors, etc.). Please pay attention to the respect that the scope which can be dissatisfied relates to the portion which

opposition was raised by the

person having an objection('the amount of opposition' portion among the contents of the notice of objection). To file a petition of trial for determination of investigation, please use the attached forms, and refer to the attached guidance for the method of preparation. The creditor whom a separate lawsuit for the rehabilitation claims (security rights) to which notice of opposition was given is already pending prior to deciding the commencement of rehabilitation procedures is requested to apply for interruption of proceedings before the court which the corresponding lawsuit is pending. Please note that a failure to apply for a trial for determination of investigation or interruption of proceedings within the application period shown at the bottom of the notice of objection is subject to waiver of claims against the debtor. If such petition is filed by mail, please let the same arrive at the court within the application period.

Tae Wha CHUNG as the legal administrator of the debtor, STX Heavy Industries Co., Ltd. The period of application for a trial for determination of investigation: Until October 13, 2016 (Please note that lapse of period may cause the loss of rights).

A Guide to Application Procedures on a Trial for Determination of Investigation to Rehabilitation Claims (Security Rights)

In the event that the creditor who received the notice of objection for report of credits(security right) from Bankruptcy Section of Seoul Central District Court is dissatisfied at and applies for determination of investigation, please refer to the following and apply for determination of investigation to rehabilitation claims(security rights) within the period shown at the bottom of the notice of objection:

1. Application forms for determination of investigation to rehabilitation claims (security rights): ● Attached forms or "Electronic Civil Service Office - Collections of forms - Personal rehabilitation (a trial petition for determination of investigation to rehabilitation claims)" on the web site of Seoul Central District Court(http://seoul.scourt.go.kr)

2. How to prepare a petition: ● For preparation of the petition, please refer to the attached examples of preparation. ● Please be sure to enter the contact and address which can be served, on the petition. ● Please attach stamp duty of 1,000 won and transmittal fee of 29,600 won on the petition. - The stamp duty and transmittal fee can be paid at Shinhan Bank, and the transmittal fee is to be treated with 'prepayment of transmittal fee'. Please attach the stamp duty and statement of payment for transmittal fee used for submission to the court, on the petition.

● One copy for submission to the court, and another copy for serving to the debtor (Two copies in total to be submitted to the court)

● Should you have any questions related to preparation of the petition and procedures, please contact the responsible staff of the company.

3. How to file ● Way to the office: Bankruptcy Section of Seoul Central District Court (General Civil Service Office on 1st Floor of Annex 3 of Seoul Court Complex)

● At the time of filing by mail, please note that they should arrive within the period shown at the bottom of the notice of objection. [Mailing address: Corporate Rehabilitation Justice Department at Bankruptcy Section of Seoul Central District Court at 157, Seocho Jungang-ro, Seocho-gu, Seoul]

Bankruptcy Section of Seoul Central District Court (Entry example for the case which a rehabilitation creditor applies for a trial for determination of

investigation against the debtor's administrator) Revenue stamp 1,000 Won

To: The 4th Bankruptcy Division of Seoul Central District Court

A Trial Petition for Determination of Investigation to Rehabilitation Claims Case number

2016HOEHAP100149 Rehabilitation

Petitioner

○○CHOI (440101 - *******) Address :

Seoul

Contact no. : Tae Wha CHUNG as the legal administrator of the debtor,

Respondent

STX Heavy Industries Co., Ltd.

381, Nammyeon-ro, Seongsang-gu, Changwon-si, Gyeongsangnam-do

Purpose of Petition It is determined that rehabilitation claims for the petitioner's debtor, ○○ Co., Ltd. are 5,000,000 won.

Cause of Petition 1. The petitioner executed an agreement in which ○○ sheets of printing paper should be supplied for 5,000,000 won, with the debtor, ○○ Co., Ltd., on 00, 2014, and on the following day, supplied the debtor, ○○ Co., Ltd., with 00 sheets of printing paper.

2. During while the prices of printing paper were not paid to the petitioner, decision for commencement of rehabilitation procedures was given by your court to the debtor,

○○ Co., Ltd., on ○○, 2016. Accordingly, the petitioner reported price claims for printing paper of 5,000,000 won to your court as the rehabilitation claims on ○○,

2016.

3. In the meantime, the debtor's administrator raise an objection to the rehabilitation claims reported by the petitioner, for the reason of 'non-existence of credit (repaid).'

4. While it is true that the petitioner received 5,000,000 won from the debtor, ○○ Co., Ltd., on ○○, 2016, such money was for return of previous loans, and not for payment of the printing paper prices. Accordingly, an objection raised by the debtor's administrator is wrong.

5. As a result, the petitioner has the rehabilitation claims of 5,000,000 won against the debtor, ○○ Co., Ltd., and accordingly, files a petition of trial for determination of investigation to rehabilitation claims with your court pursuant to Para. 3 of Article 170 of the Debtor Rehabilitation and Bankruptcy Act.

2016. ○. ○. Petitioner

○○CHOI

(Seal)

Evidentiary Methods 1. Evidence Gap No. 1: Agreement for transaction of goods 2. Evidence Gap No. 2: Receipt for supply of goods 3. Evidence Gap No. 3: Bond of debt

Attached Documents 1. Said evidentiary methods: Each copy 2. Statement of payment for transmittal fee: One copy 3. Copy of petition: One copy

* Payment standards of transmittal fee: Number of parties X 3,700 won X 4 times (29,600 won for one person) * Said petition is a mere example of entry, and it shall be prepared pursuant to the contents of detailed cases.

Revenue stamp 1,000 Won Transmittal fee 29,600 Won

To: The 4th Bankruptcy Division of Seoul Central District Court

A Trial Petition for Determination of Investigation to Rehabilitation Claims

Case number

2016HOEHAP100149 Rehabilitation

Petitioner

Name : Address : Contact :

Respondent

Tae Wha CHUNG as the legal administrator of the debtor, STX Heavy Industries Co., Ltd.

381, Nammyeon-ro, Seongsang-gu, Changwon-si, Gyeongsangnam-do

Purpose of Petition It is determined that rehabilitation claims for the petitioner's debtor, ○○ Co., Ltd. are

○○ won.

Cause of Petition

2016. 09.

. Petitioner

Evidentiary Methods Attached Documents 1. Said evidentiary methods: Each copy 2. Statement of payment for transmittal fee: One copy 3. Copy of petition: One copy

(Seal)

Suggest Documents