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1. The Defendant’s claim for the return of the security deposit against the Plaintiff by the Youngcheon District Court, Youngcheon District Court, Taecheon District Court, 201j215.
Reasons
1. Basic facts
A. On June 2011, the Defendant: (a) subscribed as a member of the Taecheon Tourism Development Corporation (hereinafter “Plaintiff”) to the “Mlutut” operated by the Plaintiff; (b) applied for a payment order claiming the return of KRW 120,000,000 for membership fees to the Plaintiff as the Yancheon District Court Decision 201Hu215, Yancheon District Court Decision 2011Hu215, Jun. 22, 2011; and (c) on June 22, 2011, the said court issued an order to pay the Plaintiff the delayed payment amount of KRW 120,000 and KRW 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment; and (d) the aforementioned order was served to the Plaintiff around July 2014, 201.
(hereinafter “instant payment order”). B.
The rehabilitation procedure against the Plaintiff and the instant lawsuit 1) on August 27, 2014, the Plaintiff was decided to commence the rehabilitation procedure under the Seoul Central District Court 2014 Gohap10057 and 157 (combined). The rehabilitation plan was decided on February 25, 2016, and was decided to discontinue the rehabilitation procedure on July 15, 2016 (hereinafter “instant rehabilitation procedure”).
(2) In the instant rehabilitation procedure, on September 12, 2014, the Defendant reported KRW 120,00,000 as the above membership fee and KRW 5,589,041 as the total of KRW 5,568,960 as the execution procedure cost, and KRW 126,158,00 as the rehabilitation claim. The Plaintiff raised an objection on the ground that part of the above claim was already transferred to a third party, and filed the instant lawsuit under Article 174 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”).
[Ground of recognition] Unsatisfy, entry of Gap 1, 2, and 3 evidence, the purport of the whole pleadings
2. Determination as to the cause of action
A. The summary of the Plaintiff’s assertion is around June 2008, the Defendant already KRW 104,000,000 out of the claim for the return of membership fees to the Plaintiff.