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(영문) 서울중앙지방법원 2014.11.20 2014가합10439

회생채권조사확정재판이의

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1. The Seoul Central District Court (Seoul Central District Court Decision 2012 Ma4343 dated January 22, 2014) revoked the final claim inspection judgment.

2. The plaintiff.

Reasons

1. Facts of recognition;

A. The instant business agreement and loan agreement 1) F Co., Ltd. (hereinafter “F”).

G Co., Ltd. (hereinafter “G”) on March 26, 2008

B) Between F and G, with the implementer and G as the contractor, the G as the contractor, the H G, the G, the G, the construction of the new collective housing (hereinafter referred to as the “instant project”).

) A business agreement was concluded to implement the project (hereinafter referred to as “instant business agreement”).

(2) On March 26, 2008, F entered into a loan agreement with the Plaintiff and IF (hereinafter “Plaintiff, etc.”) to obtain a loan of KRW 51 billion from the Plaintiff, etc. (hereinafter “instant loan agreement”), and at the same time G jointly and severally guaranteed the said loan obligation.

B. J’s acquisition of the instant business rights, etc. 1) J Co., Ltd. (hereinafter “J”).

On June 24, 2010, F, G, Plaintiff et al. entered into the “Agreement on the Transfer of her status as a project executor and the assumption of obligations against F’s Plaintiff et al.” with the content that “The J takes over the status of the executor and takes over the said loan obligations against F et al.” (2) Accordingly, J, F, G, and Plaintiff et al. entered into the first modified agreement on the instant business agreement and the instant loan agreement, including the modification of the terms and conditions of the instant loan agreement.

3) On June 24, 2010, G acquired a total of 30,00 shares issued by J from F to become one of the shareholders of J. D. C. Around September 30, 2010, G entered into a secondary amendment agreement with the content that “F shall be excluded from the instant business agreement and the instant loan agreement, and, in order to ensure the smooth progress of the instant business and the ability to repay loans, i.e., to secure the repayment of loans, she was unable to properly carry out the instant business due to the aggravation of F’s circumstances.”

2) Accordingly, J and B Co., Ltd. (hereinafter “B”).

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