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TITLE 【Syllabus of Latest Opinion】Supreme Court Decision 2017Da204131 Decided June 19, 2017【Objection to Claim】* First draft [full Text]
Summary
[1] Meaning of “same effect as that of a final and conclusive judgment” as prescribed under Article 603(3) of the Debtor Rehabilitation and Bankruptcy Act; In the event a non-existent claim is confirmed and subsequently entered in the table of individual rehabilitation creditors, whether an obligor can challenge the existence thereof through a separate litigation procedure (affirmative) / Whether the same is applicable in cases where a final judgment on individual rehabilitation claim investigation has the same effect as that of a final and conclusive judgment on all of the individual rehabilitation creditors pursuant to Article 607(2) of the Debtor Rehabilitation and Bankruptcy Act (affirmative)
[2] In cases where a lawsuit has been instigated objecting to a final judgment regarding the table of individual rehabilitation creditors in which confirmed individual rehabilitation claims were entered thereto, whether further proceedings are needed as to reasons that surfaced prior to the confirmation of individual rehabilitation claims, such as either the non-establishment or extinguishment of claim (affirmative)
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