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(영문) 인천지방법원 2017.02.03 2015가단62806
청구이의의 소
Text

1. The defendant-Counterclaim plaintiff's bankruptcy debtor A, a social welfare foundation, drafted on July 10, 2006.

Reasons

1. Facts of recognition;

A. A social welfare foundation A (hereinafter “A”) was authorized to be established and operated as a foundation D on October 20, 1956 (the change to the name as of March 19, 1975) and its main purpose is the establishment and operation of welfare facilities for the aged under the Welfare of the Aged Act.

B. Around July 12, 2002, the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) paid KRW 100 million under the name of a deposit for the lease of a restaurant at the F Hospital, an elderly specialized hospital, which was scheduled to be newly built in A (Representative E).

C. In the event that the construction of a new hospital was discontinued for a long time due to serious financial difficulties, E issued, as a representative of A, a promissory note in Incheon (hereinafter “instant promissory note”) with the face value of KRW 170 million per annum, the issue date July 10, 2006, October 10, 2006, the due date of payment, the payee, the defendant, the place of payment, and the place of issuance, as well as each of the Incheon. On July 10, 2006, E drafted an authentic deed as set forth in Paragraph 1 of the Disposition.

However, there was no resolution by the A board of directors on the issuance of the Promissory Notes and the preparation of authentic deeds following the receipt of the above money.

E. On July 30, 2015, A was declared bankrupt by the Incheon District Court 2014Hahap1012, and on the same day, the Plaintiff (Counterclaim Defendant; hereinafter “Plaintiff”) was appointed as the trustee in bankruptcy.

F. On September 15, 2015, the Defendant reported the total amount of KRW 130,00,000 as principal and interest damages, KRW 74,473,973,973 as bankruptcy claims in the bankruptcy court. However, the Plaintiff raised an objection against the total amount of the bankruptcy claims reported by the Defendant on October 12, 2015.

[Reasons for Recognition] The facts without dispute, Gap evidence 1-2, Gap evidence 2, Gap evidence 2, 3, 5, Eul evidence 2 and 3, witness G testimony, the purport of the whole pleadings

2. Article 7 of the former Act on the Establishment and Operation of Public Interest Corporations which applies mutatis mutandis to social welfare corporations pursuant to Article 32 of the Social Welfare Services Act (amended by Act No. 8655 of Oct. 17, 2007) (amended by Act No. 8895 of Mar. 14, 2008).

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