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(영문) 수원지방법원 2017.09.26 2017가합10032
우선변제권 확인 청구
Text

1. The Defendant’s KRW 39,018,433 as well as 5% per annum from May 13, 2016 to August 8, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. A Co., Ltd. (hereinafter “A”) filed an application for rehabilitation with Suwon District Court 2010 Ma40 on May 10, 2010, and received a decision to authorize the rehabilitation plan from the above court on April 20, 2011, and D and E were appointed as co-manager A.

B. On September 7, 2012, D and E extended a loan of KRW 21,00,000 (hereinafter “instant loan”) out of KRW 18,00,000,000 for the repayment of rehabilitation security rights, with the permission of the above court, to continue to conduct the business, as well as KRW 21,000,000 for the repayment of loan funds. In order to secure the instant loan obligations, the Plaintiff’s real estate and its facilities indicated in the separate sheet as A (hereinafter “instant real estate, etc.”) as to the instant loan obligations, pursuant to Article 6 of the Act on Mortgage on Mortgage on Factories and Mining Foundation (hereinafter “instant real estate, etc.”) with respect to the Suwon District Court, Seosung District Court, 137308 accepted on September 20, 2012, the maximum debt amount of KRW 3,60,000,000 for the purpose of the repayment of rehabilitation security rights (hereinafter “the instant maximum debt amount of KRW 1,300,000,29”).

Each registration of establishment was completed.

C. When the management status of A becomes worse during the above rehabilitation procedure, the above court rendered the Debtor Rehabilitation and Bankruptcy Act against A on November 3, 2015 (hereinafter referred to as "the Debtor Rehabilitation and Bankruptcy Act").

As the above decision became final and conclusive on December 7, 2015, Article 6(1), Article 305, and Article 306 of the Debtor Rehabilitation Act, "the bankruptcy of this case is not more than the ex officio under Articles 6(1), 305, and 306 of the Debtor Rehabilitation Act."

(d) The defendant was appointed as a trustee in bankruptcy.

On the other hand, on February 19, 2014, the Plaintiff, as Suwon District Court C, based on the right to collateral security (the right to collateral security) of the instant case, voluntarily held the auction of real estate for the instant real estate, etc. to the Suwon District Court C.

(1) apply and the principal and interest of a loan.

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