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(영문) 부산지방법원 2017.09.06 2016가합51005

대여금

Text

1. The part concerning the claim for restitution of the conjunctive claim in the instant lawsuit is dismissed.

2. The plaintiff's primary claim and its main claim.

Reasons

1. Basic facts

A. 1) The Plaintiff is a company that is engaged in real estate development, sales agency, etc. (hereinafter “D”).

(2) B Co., Ltd. (hereinafter “B”) received a decision on November 18, 2009 from the Changwon District Court 2009 Gohap71 as a company engaged in real estate lease and sale business, and received the decision on commencing rehabilitation procedures from the said court on July 26, 2010.

E is a person appointed as a custodian of a rehabilitation company B on November 18, 2009 and resigned on February 4, 2014.

3) B received the decision to discontinue the rehabilitation procedure on August 19, 2014, and around that time, the said decision was finalized. On September 3, 2014, the Changwon District Court was declared bankrupt by the Changwon District Court 2014Hahap10, and the Defendant trustee in bankruptcy was appointed in the bankruptcy proceeding. B) On November 11, 201, the Plaintiff entered into a real estate investment agreement with E to invest KRW 1,00,000 in the business of purchasing and executing apartment owned by B.

2) In accordance with the aforementioned real estate investment agreement, the Plaintiff’s account of Defendant Fisheries Cooperatives (Account Number F; hereinafter “CF”) in the name of D on December 6, 201, pursuant to the said real estate investment agreement.

(1) 1,00,000 won was deposited in the Company E (hereinafter “Manager E”) on the same day.

B) A pledge agreement between the pledgee and the plaintiff, the pledgee and the defendant Fisheries Cooperatives with the consent of the pledgee, on a fixed deposit of KRW 1,000,000 (Account Number G) against the defendant Fisheries Cooperatives B (hereinafter referred to as “the first pledge agreement”).

C. On January 31, 2012, the administrator E entered into a second pledge contract. On January 31, 2012, 2012, after obtaining permission from the rehabilitation court on a contract for selling five parcels of land and 107 apartment units of land I (hereinafter “instant real estate”) owned by B to D, the administrator is between H and D on February 1, 2012.