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(영문) 광주고등법원(전주) 2016.11.24 2015나100957

사원권확인 등

Text

1.The judgment of the first instance, including a claim modified in the trial, shall be modified as follows:

In the lawsuit of this case.

Reasons

1. Basic facts

A. On September 21, 2009, Defendant Company (1) was decided to commence rehabilitation procedures with the Jeonju District Court 2009 Joint7, and Party E was appointed as the administrator of Defendant Company, in full denied the Plaintiff’s rehabilitation security right return amounting to KRW 1,753,856,802. 2) Accordingly, the Plaintiff filed a final claim inspection judgment with the Jeonju District Court 2010 Pursuant to the Jeonju District Court 2010, April 4, 2010. The Plaintiff recognized the Plaintiff’s rehabilitation claim amounting to KRW 887,904,802 as the Plaintiff’s rehabilitation claim in the final claim inspection judgment and recognized the Plaintiff’s rehabilitation claim amount as KRW 887,904,802 as the Plaintiff’s subcontractor company, which reported the rehabilitation claim, based on the premise that the Plaintiff’s rehabilitation security right was transferred to the Plaintiff, but the Plaintiff was withdrawn as the condition of rehabilitation security right.

On the same day, the plaintiff withdrawn the above application and E withdrawn the denial of rehabilitation security right.

B. (1) On October 10, 2012, Defendant C issued an investment intent to pay KRW 7,500,000,000 for capital increase with consideration to the Defendant Company; and the following agreed investment agreements with intent to invest KRW 7,500,00,000 for capital increase with consideration to the Defendant Company’s rehabilitation procedure (hereinafter “instant agreed investment agreement”).

Article 1(Purpose) of the Agreement between the Defendant and the Plaintiff, the agreement between the Defendant Company stipulates that the Defendant Company is the rehabilitation debtor, the rehabilitation secured creditor, and the employees A (Plaintiff). Defendant C shall file an application for a certain amount of money with respect to the capital increase with respect to the capital increase accrued during the rehabilitation procedure. Article 2 (Investment Method and Distribution Details) refers to the investment in cash, and specific.