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(영문) 부산지방법원 2021.02.04 2019가합52108

채권조사확정재판에 대한 이의의 소

Text

1. The final and conclusive judgement of rehabilitation claim investigation on November 6, 2019 at 2019 as Busan District Court is to be changed as follows:

The plaintiff.

Reasons

1. Basic facts

A. The relationship between the parties 1) The debtor A Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) is a corporation whose main business is the manufacturing business of steel structures, ethyl Do and retail business, etc., and the rehabilitation procedure is in progress upon the decision of commencement of rehabilitation from the Busan District Court on June 5, 2019 ( Busan District Court 2019 Meetings 1004), and the plaintiffs are co-managers of the Plaintiff Co., Ltd.

2) The Defendant was a corporation running interior construction business, etc., and was a transactional relationship between the Plaintiff Company and the Plaintiff Company to receive metal materials from the Plaintiff Company or to supply metal construction to the Plaintiff Company with regard to the Defendant’s construction site for a long time.

B. From February 2, 2018 to February 2, 2019, the Plaintiff Company, including the Defendant’s issuance of bills and the transfer of the Plaintiff Company, remitted total of KRW 3,698,597,887 (hereinafter “the instant money”) to the Defendant. Before the Plaintiff Company transfers the money, the Defendant issued an electronic bill to the Plaintiff Company via F Co., Ltd. (hereinafter “F Bank”), the Industrial Bank of Korea (hereinafter “G Bank”), or G Co., Ltd. (hereinafter “B Bank”), prior to the transfer by the Plaintiff Company.

The specific details are as follows: (a) each electronic bill in the column for the issuance of the Defendant’s note is indicated as the trading details table between the Plaintiff Company and the Defendant; (b) each electronic bill is indicated as “the issuance details of the Defendant’s note”; (c) 44,00,000,000 won on February 13, 18; (d) 0,000,000,000 won on February 15, 28, 200,000 won on February 15, 20,000,000 won on February 13, 218; and (e) 209,946,000,000 won on March 15, 20,000 on March 13, 13, 2018; and (e) 10,000,000 won on March 15, 20,000,000 won on May 31, 2005.