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(영문) 부산지방법원 2017.12.21 2017가단320978
채권확인
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The facts subsequent to the facts of recognition may be acknowledged either in dispute between the parties, or in the entries in Gap evidence Nos. 1 and 1 to 9, taking into account the overall purport of the pleadings.

On June 30, 2014, the rehabilitation procedure against the Defendant Company (hereinafter “instant rehabilitation procedure”) commenced as Busan District Court 2014 Ma11 on June 30, 2014, and the repayment plan (hereinafter “instant repayment plan”) was approved on December 24, 2014, and completed on December 16, 2015. The instant repayment plan included the following in Chapter III, and Section 1 of Section 2 of the method of changing the right to rehabilitation security rights and rehabilitation claims and paying the same.

1. The definitions of terms used in the rehabilitation plan for the definitions of terms shall be as follows:

(7) The term “member security deposit” refers to a bond in which the full amount of the security deposit is paid out of the bond incurred in relation to the acquisition of membership rights for the Defendant Company.

(8) The term “member security deposit” refers to a bond arising in relation to the acquisition of membership rights against a defendant company, or a bond that is not the full amount of a security deposit, but only a part of which is paid.

(10) The term "general obligation" means any obligation other than a trust obligation, membership security deposit, membership security deposit, security deposit (unpaid), security deposit, an obligation with a specially related person, tax, etc., and an undetermined indemnity obligation among rehabilitation claims to be repaid by the defendant company as the primary debtor, and any obligation on behalf of the defendant company.

Section 3. Change of rights and methods for repayment of rehabilitation claims;

2. General debts, etc.:

A. The details of the bonds are classified as follows: (a) A (Plaintiff) a deposit for membership deposit (unpaid Plaintiff) 20,000,000 - 20,000,000,000 (hereinafter omitted) with the Defendant Company as the principal obligation, such as the creditor’s principal and interest prior to the commencement of the principal repayment; and (b) a general debt repayment deposit (including the creditor’s principal obligation) and 33,617,663,6317,468,68451,086,347.

(b) for the alteration of rights and reimbursement methods (i) for the conversion into a popular golf course with respect to 8 per cent of the principal and interest accrued prior to the commencement of the rights;

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