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(영문) 서울남부지방법원 2016.10.13 2015가합104696

철강자재인도및손해배상

Text

1. The defendant shall be the plaintiff.

(a) deliver steel materials listed in the annex 1 list;

(b) 583,150,189 Won and its Of them 704.

Reasons

1. Basic facts

A. The Plaintiff is a party. 1) The Plaintiff is a stock company A (hereinafter “A”) and its related person is omitted from the indication of the stock company.

(1) 7 companies listed in the separate sheet No. 2 (hereinafter referred to as the “instant company”) holding claims related to the steel.

(B) On July 31, 2012, the purpose of which is to collect and distribute steel-related claims against A was to collect and distribute steel-related claims against A (after that, 18 companies holding claims against A were added to the Plaintiff’s members on August 20, 2012.

(2) On July 30, 2012, the date on which the instant company decided to establish the Plaintiff. The date on which the Plaintiff’s articles of incorporation was prepared is July 31, 2012, which is the following day. (2) The Defendant is a company that reported a rehabilitation creditor in the rehabilitation procedure against A as a rehabilitation creditor, and a company that was entrusted by the Plaintiff to keep steel materials, etc. as stated in the separate sheet No. 1, which was kept by the Plaintiff on August 2012.

B. On March 28, 2012, the Defendant’s motion to commence rehabilitation procedures under the Seoul Central District Court Decision 2012 Ma45, supra.

The above rehabilitation court decided to commence rehabilitation procedures against A on April 18, 2012, but the same year.

7. 27. The decision was made to discontinue the above rehabilitation procedure.

2) On July 31, 2012, immediately after the decision to discontinue the above rehabilitation procedures, the Plaintiff was established on July 31, 2012, and A, on August 3, 2012, transferred steel materials listed in the separate sheet No. 3, owned by A to the Plaintiff (hereinafter “instant transfer agreement”).

3) As between August 4, 2012 and the 6th day of the same month, the Plaintiff removed steel materials listed in the attached Table 3, which were located in Jincheon-gun Aincheon-gun, Chungcheongnam-do, Chungcheongnam-do, and stored them in the Defendant’s depository located in Jincheon-gun, Chungcheongnam-do.

(2) In the event that the Plaintiff received steel materials from the Plaintiff, the Defendant received the said steel materials, and the Plaintiff prepared a storage certificate (hereinafter referred to as “instant storage certificate”) as follows.