회생담보권조사확정재판에 대한 이의의 소
1. The Daejeon District Court shall authorize the judgment in claim allowance proceedings for rehabilitation security rights (No. 2018) No. 514 dated October 29, 2018.
2...
1. Basic facts
A. On April 16, 2015, B entered into an agreement with the Plaintiff on the condition that B transfer B’s current and future goods payment claims (hereinafter “instant goods payment claims”) against D and E Co., Ltd. (hereinafter “D” and “E”) in order to secure the Plaintiff’s goods payment obligations against the Plaintiff, and grant the Plaintiff the authority to notify the assignment of claims (hereinafter “instant bond transfer agreement”).
B. B, on March 23, 2018, upon filing an application for commencing rehabilitation procedures with the Daejeon District Court 2018 Gohap5011, filed a decision to commence rehabilitation procedures on April 13, 2018 (hereinafter “instant decision to commence rehabilitation procedures”); and the Defendant, a representative director of B, was deemed a custodian of B by the said court.
C. At the time of the decision to commence the instant rehabilitation procedure, the instant claim for the price of goods remains 388,267,773 won (D 200,784,847 won E 187,482,926 won). However, the Plaintiff notified D and E of the transfer of the instant claim for the price of goods based on the instant bond transfer security agreement (hereinafter “instant notice of the transfer of claim”).
The Plaintiff reported the claim amounting to KRW 6,388,267,773 against B in the rehabilitation procedure in the instant case (i.e., the claim amounting to KRW 6 billion as collateral for the claim secured by real estate (i.e., KRW 388,267,773) as rehabilitation security right. However, the Defendant recognized the claim secured by real estate as rehabilitation security right only amounting to KRW 458,650,981 among the claim secured by real estate as collateral, and raised an objection against KRW 5,541,349,019 on the ground that the remaining claim secured by real estate was exceeded the real estate collateral value, on the ground that it did not meet the requirements for setting up against the total amount of KRW 388,267,773
E. As to this, on July 23, 2018, the Plaintiff issued the said assignment of claims as the Daejeon District Court 2018 Preamble514.