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(영문) 대전고등법원 (청주) 2021.01.27 2020나2213

채권조사확정재판에 대한 이의의 소

Text

The judgment of the first instance is revoked.

On September 10, 2019, the Cheongju District Court rendered a final and conclusive judgment of 5001 rehabilitation security rights investigation.

Reasons

1. Basic facts

A. The Defendant is a company established for the purpose of manufacturing and selling instruments and equipment for the manufacture of ELD, and E was appointed as the representative director of the Defendant around August 8, 2017.

B. On April 10, 2018, the Plaintiff and E lent KRW 3 billion to the Defendant on February 24, 2018 for the purpose of raising operating funds.

The F Law Firm No. 11 of the same content was written on the same day (the due date shall be April 30, 2018, and the late damage shall be the statutory maximum interest).

(c)

On April 26, 2018, the registration of the establishment of the debtor, the mortgagee, the plaintiff, and the maximum amount of the claim amount of KRW 4 billion (hereinafter referred to as the "mortgage of this case") was completed with respect to the land of 11,277 square meters for the factory site of Yeongdeungpo-gu Seoul Special Metropolitan City (hereinafter referred to as "C") and the land of 16,529.2 square meters for the D factory site of Jung-gu Seoul Special Metropolitan City (hereinafter referred to as "D land") owned by the defendant on April 26, 2018.

(d)

On July 26, 2018, the Defendant applied for the commencement of rehabilitation proceedings as 5005 meetings of Cheongju District Court 2018, and the said court decided on September 12, 2018 against the Defendant.

E. In the above rehabilitation procedure against the Defendant on February 24, 2018, the Plaintiff reported the rehabilitation security right of this case, the object of which is the right to collateral security (the interest of KRW 3 billion and the interest of KRW 264,328,767 up to the day immediately before the commencement decision) established with the loans from the Defendant as the secured obligation.

F. The Defendant’s custodian raised an objection to the full amount of the Plaintiff’s reported claims, and on December 26, 2018, the Plaintiff filed a final and conclusive judgment of the rehabilitation security right investigation (hereinafter “final and conclusive judgment of the instant investigation”) with the Cheongju District Court 2018, as the Cheongju District Court 2011.

G. Meanwhile, on August 9, 2019, the Defendant received a decision to terminate the rehabilitation procedure.

H. On September 10, 2019, the Cheongju District Court rendered a ruling that “The Plaintiff’s rehabilitation security right against the Defendant does not exist” in the final and conclusive judgment of the instant investigation, and the Plaintiff is so.