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(영문) 대전고등법원 2019.01.24 2018나11860
회생담보권조사확정재판에 대한 이의의 소
Text

1. The part concerning rehabilitation security rights in the judgment of the first instance is changed as follows:

Daejeon District Court on December 8, 2016

Reasons

1. Basic facts

A. The Plaintiff is a juristic person established under the A Banking Act. The Defendant was a company that designs and designs pollution prevention facilities, manufactures and sells apparatus, etc., and the Daejeon District Court 2016 Ma5002 on February 26, 2016 was decided to commence rehabilitation procedures.

On November 28, 2018, Daejeon District Court decided to terminate the rehabilitation procedure of the above case.

On May 30, 2014, the Plaintiff offered multiple loans to the Defendant, including KRW 500,000,000,000, and KRW 500,000,000 on October 2, 2015, and KRW 200,000 on November 9, 2015. As of February 2, 2016, the Plaintiff’s total loans against the Defendant are KRW 2,163,020,00.

(hereinafter “instant loan claim”). B.

On October 1, 2015, the Defendant entered into a contract with D Co., Ltd. (hereinafter “D”) on the production and supply of “(5,60,500,000 won” to D Co., Ltd. (hereinafter “D”) at the contract price of KRW 455,210,80 (hereinafter “instant purchase contract”), and entered into a contract on January 12, 2016, changing the contract price of KRW 45,210,80.

After the commencement of rehabilitation procedures, B’s legal administrator C (hereinafter “Manager C”) delivered the instant house to D on March 18, 2016, and issued an electronic tax invoice with the total amount of KRW 455,210,800 on March 25, 2016.

C. On October 2, 2015, in order to secure the instant loan claims against the Plaintiff, the Defendant entered into a contract to transfer KRW 1,000,000,000 among the Defendant’s claims against the Plaintiff (hereinafter “instant transfer contract”), and notified the Plaintiff of the assignment of claims on the same day.

After the defendant's decision on rehabilitation security right commencement, the plaintiff reported 603,225,626 won to this court as the amount of rehabilitation security right recognition, but the trustee C denies it as the object of security and affixed it as the rehabilitation claim.

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