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(영문) 수원지방법원 2017.02.13 2016고정238
채무자회생및파산에관한법률위반
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

No custodian shall engage in any conduct without obtaining permission therefor from the court.

B As the representative director of C, when the financial failure of the above company was caused by managerial difficulties due to the financial failure of the above company, the company filed an application for commencement of rehabilitation proceedings with the Suwon District Court on April 11, 201 and filed the application for commencement of rehabilitation proceedings.

5. On November 1, 201, the rehabilitation proceeding commencement decision (201 36 times each time) was selected and appointed as a custodian. The Suwon District Court decided that “The expenditure exceeding the amount of KRW 10 million per item, and the disbursement exceeding the amount of KRW 10 million should be subject to the court’s permission to enter into contracts such as gift, sale, exchange, consumption, lending and borrowing, lease, employment, contract, delegation, deposit, etc., in which the disbursement of the amount is expected to exceed KRW 10 million.”

After that, while the rehabilitation procedure is in progress, B, as the manager of the above company, refused to give consent to sale from creditors D due to the excess of the sale date of the real estate located in Chungcheongnam-gu, Co., Ltd., C, and was subject to pressure for sale. For negotiations with the above D, B concluded a "contract on Real Estate Sale and Rehabilitation Procedures" of KRW 30 million with the Defendant constituting a legal firm F, which was without permission of the court, and paid KRW 250 million for the down payment as the down payment without permission of the court. On September 12, 2013, 2013, upon obtaining permission of the court for consultation on real estate sale as if it was concluded with the advisory fee of KRW 22 million, it was paid KRW 100,000 after obtaining permission of the court.

On November 11, 2013, the Defendant, who was a former managing member, received a written consent for the sale of real estate from the above D on November 11, 2013, and it is well known that B did not obtain the permission of the court on the above advisory contract even before filing an application for the permission for the conclusion of a real estate sales contract and even at that time.

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