채권조사확정재판에 대한 이의의 소
1. The judgment of the court of first instance is modified as follows.
Seoul Rehabilitation Court on February 20, 2019 2016 Mada858.
The case of consolidation shall be judged together with the case of this case.
1. Basic facts
A. The Defendant operated a convalescent hospital as a medical corporation established on June 19, 2001. D, who was the representative of the Defendant from June 2001 to August 2015, as well as E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”), practically held 60% of the shares issued by E in their own name and held 40% of the remaining shares in their spouse’s name. F’s issued shares owned 70.02% of E and H Co., Ltd. owned 29.98% of the shares issued by D, respectively, and D was appointed as the representative director of each of the above companies from February 23, 2015.
B.
The defendant has maintained close relations with E and F for a long time and has been engaged in transactions including lending and borrowing of money. As of January 1, 2015, the loan claims against E and F were KRW 2,542,769,180 and KRW 1,807,085,389, respectively.
C. Around May 20, 2015, D transferred to the Plaintiff each claim of KRW 2.5 billion and KRW 1.8 billion out of the loans extended by E and F against the Defendant, with a view to repaying the business funds previously borrowed from the Plaintiff.
(hereinafter “instant assignment of claims”). On May 21, 2015, D consented to the assignment of claims of this case on behalf of the Defendant (hereinafter “instant consent”), and obtained a fixed date on the same day’s written consent.
On the other hand, E and F borrowed money from the I Co., Ltd. (hereinafter “I”) and J on January 19, 2015, which is the transfer of the instant assignment of claims, for the purpose of debt security, E transferred 1.5 billion won of the above loan claims against the Defendant to J, while F transferred 1.5 billion won of the above loan claims against the Defendant to J, respectively, and by means of content-certified mail.
E. On June 9, 2016, the Defendant filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2016 Ma1016, and the said court against the Defendant on June 28, 2016.