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(영문) 서울중앙지방법원 2016.04.12 2014가합53658

파산채권조사확정재판에 대한 이의

Text

1. The Seoul Central District Court’s judgment of final bankruptcy is revoked on September 30, 2014 at the end of 2014Hang-87.

2. The defendant.

Reasons

1. Basic facts

A. The Plaintiff’s Intervenor is a company with the objective of developing, manufacturing, selling, and leasing products, such as computers and peripheral devices (hereinafter “debtor Company”).

(2) On November 30, 2009, the Plaintiff was declared bankrupt on November 30, 2009 by Seoul Central District Court 2009Hahap33, and the Plaintiff is the bankruptcy trustee of the debtor company. (2) The Defendant is a member of the D Emergency Countermeasure Committee (hereinafter “instant Committee”) comprised of minor shareholders of D Co., Ltd. (hereinafter “D”) that was the parent company of the debtor company.

B. E: (1) D) around February 2001, 2001, Jindo-gun F (hereinafter “E”) around February 2001.

G, etc. that obtained permission to occupy and use public waters and E (hereinafter “instant project”)

(2) Around February 2003, 2000 won was paid to G, and I agreed to jointly promote the instant project and agreed to invest more than 5 billion won in the instant project, but failed to implement the investment arrangement due to H’s embezzlement, etc. (2) A, a representative of the instant committee comprised of small shareholders of D, proposed that D jointly implement the instant project while paying KRW 30 million to G, and I was appointed as the representative director of D on March 15, 2003.

3) On April 19, 2003, D shall undertake the instant project with the full burden of the project cost of the E Product Excavation Project. D shall enter into a contract with D 55%, G 22%, J 5%, etc., and subcontracted the instant project-related construction work to Thai Construction Co., Ltd. on May 20, 2003. 4) D shall recognize that the instant committee’s right to the E Product Excavation was located in the instant committee on June 1, 2003, and received a contract from the commission of the instant construction amounting to KRW 2.5 billion.

After that, the instant commission, on behalf of the payment of the construction cost of KRW 2.5 billion, shall pay KRW 10% and KRW 400 million to D as interest in the instant project.