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(영문) 서울동부지방법원 2017.08.23 2016가합106283

채무부존재확인

Text

1. The unpaid benefits accrued from the retirement of the Defendant (Counterclaim Defendant) on March 15, 2013, from the Plaintiff (Counterclaim Defendant).

Reasons

1. Basic facts

A. The Defendants were appointed as the Plaintiff’s director on March 17, 2010, and were dismissed on March 15, 2013 by the resolution of the Plaintiff’s general meeting of shareholders on March 15, 2013; Defendant C:27,00,210 won; Defendant D: 23,529,207 won; Defendant E:23,210,315 won; Defendant C:267,208,100 won; Defendant D: 17,119,080 won; Defendant E: (a) filed a lawsuit seeking payment of KRW 177,25694; and (b) Defendant E (hereinafter “previous lawsuit”).

B. On October 17, 2013, the rehabilitation procedure (Seoul Central District Court 2013 Gohap195) commenced against the Plaintiff, and on March 18, 2014, the instant rehabilitation plan was approved.

On March 6, 2015, the Plaintiff received a decision to discontinue rehabilitation procedures.

Part II Summary of the rehabilitation plan, Section 3 of the amendment of rights and a summary of the method of repayment

3. In the event that any change of rights, method of repayment, lawsuit for objection or other lawsuit becomes final and conclusive as a rehabilitation security right or rehabilitation claim, it would be the repayment according to the method of alteration of rights and repayment of the most similar rehabilitation security right or rehabilitation claim in light of the nature and contents of the right;

(1) Omission of fractional notes

4. In the event that the right is determined below the estimated amount of realization of the undeterminedable claim, and the method of repayment after the authorization of the rehabilitation plan, the final inspection judgment or objection lawsuit is determined below the estimated amount of realization of the undeterminedable claim under the original rehabilitation plan, and the additional repayment is made non-existent.

Part III General Provisions of Section A of the Method of Repayment and Change of Rights to Rehabilitation Security Rights and Rehabilitation Claims

1. 용어의 정의 ‘특수관계인’이라 함은 채무자 회생 및 파산에 관한 법률 시행령 제4조 등에 해당하는 자로 F, G, H, I, J, K, L, M, N, O, P, Q, R, S, T, U, V, C, D, E[피고들], W 등 개인과, ㈜X, 등 계열회사를 말한다.

SECTION C: Change of Rights to Rehabilitation Claims and Method of Repayment

9. Rehabilitation claims;