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(영문) 부산지방법원 2015.07.03 2014가합49268

부인결정에 대한 이의

Text

1. The plaintiff's claim is dismissed.

2. On January 2, 2014, Busan District Court Decision 2014.

Reasons

1. Facts of recognition;

A. On August 26, 2012, the bankrupt Libera Co., Ltd. (hereinafter referred to as “Bankruptcy Obligor”) was unable to repay KRW 2,241,606,505 of the Promissory Notes which became due on August 26, 2012, and was finally subject to settlement on August 29, 2012.

B. On September 7, 2012, the bankruptcy debtor entered into a contract with the Plaintiff on the assignment of claims listed in the separate sheet (hereinafter “instant contract”) (hereinafter “instant claim”) with respect to EPPP Co., Ltd. (hereinafter “SPP”) and notified EPP of the fact of the assignment of claims on the same day.

C. On September 19, 2012, the bankruptcy debtor filed an application for commencement of rehabilitation procedures with the Busan District Court 2012 Gohap27, but the above procedure was abolished on May 28, 2013. On June 12, 2013, the bankruptcy debtor was declared bankrupt in the Busan District Court 2013Hahap7 (2012 Gohap27), and the defendant was appointed as the bankruptcy debtor.

On February 5, 2014, the Defendant filed a claim against the Plaintiff for denial of the instant contract with the Busan District Court 2014. On August 20, 2014, the said court rendered a decision to deny the instant contract on the ground that the instant contract is subject to avoidance under Article 391 subparag. 1 and subparag. 2 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”), and to order the Plaintiff to restore the said contract to the original state and notify the Plaintiff that the instant contract was invalidated (hereinafter “instant decision”).

【Ground of recognition】 The fact that there has been no dispute, significant fact in this court, entry in the evidence Nos. 1, 7, and 8, the purport of the whole pleadings

2. The contract of this case to the purport of the plaintiff's assertion does not constitute an act prejudicial to the bankruptcy creditors.