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(영문) 수원지방법원안산지원 2014.09.18 2013가합5142

공탁금출급청구권확인

Text

1. The Defendants: (a) the Suwon District Court was Ansan Branch on October 15, 2012, No. 3607, 2012.

Reasons

1. Basic facts

A. The Plaintiff’s status 1) A Co., Ltd. (hereinafter “A”).

(2) On September 18, 2012, A filed an application for rehabilitation proceedings with the Seoul Central District Court 201 Ma173 on September 20, 2012. On October 22, 2012, A applied for the commencement of rehabilitation proceedings including the content that A would make G a representative director of A as a manager, and on November 30, 2012, A changed the manager as B on September 30, 2012. < Amended by Presidential Decree No. 23748, Sep. 2012>

Since then, the rehabilitation procedure is not submitted to A, the above court decided to discontinue the rehabilitation procedure on October 8, 2013, and the above decision became final and conclusive on November 6, 2013.

3) On November 7, 2013, the bankruptcy was declared against A by Seoul Central District Court Decision 2013Hahap187, and the Plaintiff was appointed as the bankruptcy trustee (hereinafter “the rehabilitation company A trustee B and the bankrupt bankruptcy trustee C”), and all “Plaintiffs” were not distinguished.

B. B. B. A’s Commodity Price Claim A (hereinafter “ELE”) on August 3, 201, the ELE Co., Ltd. (hereinafter “ELE”).

(C) On August 27, 2012, A entered into a monetary loan agreement with Defendant D Co., Ltd. (hereinafter “Defendant D”) with the following terms and conditions by borrowing KRW 1,50,000,000 from Defendant D Co., Ltd. (hereinafter “Defendant D”) to borrow KRW 1,256,196,223 from August 2012:

(hereinafter referred to as “instant loan for consumption”) A shall borrow KRW 1,00,000 from J, the representative director of Defendant D, on the day of the conclusion of the instant loan for consumption with Defendant D, and shall also borrow KRW 1,00,000,000.