부인권행사
1. The judgment of the first instance court, including a claim modified in the trial, shall be modified as follows:
Defendant and stock company.
1. Basic facts
A. The status of the parties 1) A Co., Ltd. (hereinafter “debtor”)
(C) An enterprise is established for the purpose of manufacturing and selling motor vehicle parts, manufacturing industrial machinery, etc., and is Hyundai item Co., Ltd. (hereinafter referred to as “on-site items”).
) Hyundai Automobile Co., Ltd. (hereinafter referred to as “Modern Automobile”)
(2) The Defendant is a company established for the purpose of manufacturing and repairing industrial machinery, manufacturing automobile parts, etc., which manufactures machinery, automobile parts, etc. and supplies them to the obligor company.
B. On September 5, 2014, the Defendant entered into a contract for the transfer and takeover of claims between the debtor company and the defendant, with respect to KRW 178,50,000 of the credit payment claim for the modern items of the debtor company (hereinafter “transfer of claims of this case”) between the debtor company and the debtor company.
On October 2, 2014, the debtor company notified Hyundai item of the assignment of claims as a certificate with a fixed date.
C. Bankruptcy 1) A debtor company filed an application for corporate rehabilitation with Suwon District Court 2014 Ma56 on November 17, 2014. The above court rendered a decision on commencing rehabilitation procedures on December 12, 2014, but prior to the order to submit a rehabilitation plan, on March 27, 2015, on the ground that the liquidation value of the debtor company is higher than the continuous corporate value (hereinafter “Rehabilitation Act”).
(1) The court shall decide to discontinue the rehabilitation procedures ex officio in the following cases:
1. Where the draft rehabilitation plan is not submitted within the period or extended period respectively, set by the court or all the draft rehabilitation plan submitted within such period is insufficient to refer to the examination or resolution of the meeting of interested persons;
2. Where the rehabilitation proposal is rejected, or is not resolved upon at the meeting of interested persons within two months or the extended period from the first day of the meeting of interested persons for resolution;