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(영문) 수원지방법원 2014.02.19 2013가합16254
회생담보권자표 기재 무효확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On February 8, 2011, a debtor's monthly construction industry corporation (hereinafter "debtor's monthly construction industry") filed an application for commencement of rehabilitation procedures with the Suwon District Court on March 17, 201, and upon receiving a decision on commencement of rehabilitation procedures from the above court on March 17, 2011, it is a company for which the rehabilitation procedure is in progress after obtaining authorization of the rehabilitation plan on October 26, 201, and the plaintiff is appointed as the administrator of the debtor's monthly construction industry as of the commencement date of the above rehabilitation procedure.

B. In the rehabilitation procedure of the debtor's monthly construction industry, on March 17, 2011, the commencement date of the rehabilitation procedure on April 22, 2011, the defendant reported that the debtor's monthly construction industry had an indemnity amounting to KRW 25,51,730 based on the principal and interest of loans equivalent to KRW 160,186,325 as of March 17, 201, the debtor's monthly construction industry; the claim amounting to KRW 25,551,730 based on payment of litigation costs; and the claim amounting to KRW 4,294,131,00 based on the warranty liability of the defendant's monthly construction industry; and the 666,68 shares issued by the debtor's monthly construction industry were owned as collateral of each of the above claims; the defendant assessed the value of each of the above shares as KRW 6,372,675,412 won (=66,686,685,59,27).

In addition, the defendant filed a report on the total amount of KRW 1,201,186,140 as security right based on the warranty liability of the 1,201,186,140 of the Madmon apartment complex on the Madmon of the Madmon.

C. There was no objection against the Defendant’s report on the Defendant’s rehabilitation security right at the time of the inspection of the rehabilitation procedure for the debtor’s monthly construction industry. Accordingly, the rehabilitation security right equivalent to KRW 4,372,675,412 and KRW 1,201,186,140 as reported by the Defendant is the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”).

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