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(영문) 서울중앙지방법원 2017.10.19 2016가합525645

회생채권자표 무효의 소

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The status of the parties 1) E Co., Ltd. (hereinafter “E”);

(2) On February 16, 201, Defendant C Co., Ltd. (hereinafter “Defendant C”) was established on March 4, 201 for the purpose of wholesale trade, wholesale trade, retail trade, etc., and Defendant B owned 50% of the issued shares of E at the time of its establishment, and acquired 100% of the issued shares of E around February 16, 2004, and donated 20.41% of the issued shares of E to Defendant D. (hereinafter “Defendant C”), Defendant C Co., Ltd. (hereinafter “Defendant C”) was established on February 4, 201 for the purpose of wholesale trade, wholesale and retail trade, etc., Defendant B’s mother owned 70% of the issued shares, and 30% of the issued shares, and Defendant B’s spouse as representative director around August 18, 2014.

B. On July 28, 2014, E applied for commencement of rehabilitation procedures and reporting rehabilitation claims. On August 12, 2014, the Seoul Central District Court (2014 Gohap10087) determined Defendant B as custodian; from August 12, 2014 to August 26, 2014, the period for reporting rehabilitation claims, etc. from August 26, 2014 to September 12, 2014; and from September 26, 2014 to September 7, 2007, the period for reporting rehabilitation claims, etc. from 00,000 won to 70,000 won to September 26, 2014; and from September 26, 2014 to 300,000 won to 305,000,000 won to each of the above courts (hereinafter “the Plaintiff’s loans”).