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(영문) 서울중앙지방법원 2015.10.22 2015가합15264

회생채권조사확정재판에 대한 이의

Text

1. The Seoul Central District Court shall authorize the final claim inspection judgment of 2014 P.C. 520 dated May 11, 2015.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The debtor 00 mar Construction Co., Ltd. (hereinafter "debtor") is a company that aims at soil construction business, etc., and the defendant is a person who engages in construction machinery contracting and leasing business under the trade name of "C".

B. On May 1, 2013, the debtor leased one unit of construction machinery (B/H1.0, registration number D, hereinafter “instant construction machinery”) from the Defendant as monthly rent of KRW 19,50,000 (value-added tax separate) from the Defendant, and input the instant construction machinery into construction works in the section E of Suwon-si High-speed High-speed Railroad, located in the 347-dong 347 E-dong amendment, which was subcontracted by the Treatment Construction Co., Ltd.

C. The debtor refers to an electronic payment method in which the purchasing enterprise of the credit sales bond in the electronic form issues to the defendant that it would designate a selling enterprise as a creditor and pay a certain amount at a fixed period of time with respect to KRW 112,585,00,000, out of the 139,150,000.

(hereinafter “instant electronic bond”) was issued.

The Defendant means a loan extended by a selling enterprise of loan against security of credit sales claims in the electronic form, which is able to recover from September 4, 2013 to December 31, 2013, to a purchasing enterprise as collateral in a financial institution in order to receive the sale proceeds, and redeemed by the purchasing enterprise to the financial institution, which is executed in accordance with the terms and conditions determined by the Governor of the Bank of Korea.

(Article 7-2(3)6 of the Restriction of Special Taxation Act. In the way, the Bank borrowed KRW 112,585,000 from the Bank, and the Bank acquired the instant electronic bonds as security for the said loans.

On the other hand, on January 13, 2014, the debtor filed an application for commencement of rehabilitation procedures with the Seoul Central District Court No. 2014hap9 and received a decision on February 7, 2014. The defendant is a rehabilitation claim with a construction machinery rent claim amounting to KRW 139,150,000 for the debtor under the rehabilitation claim period.