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(영문) 수원지방법원 2016.03.09 2015고단5953
채무자회생및파산에관한법률위반
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

No administrator appointed under the Debtor Rehabilitation and Bankruptcy Act shall conduct any act without obtaining permission therefor from the court.

The defendant, as the representative director of J, was faced with business difficulties due to the financial failure of the above company, and filed an application for commencement of rehabilitation proceedings with the Suwon District Court on April 11, 201.

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 all, the Defendant, as the manager of the above company, refused to give consent to sale from creditors K due to the excess of the date of sale of the real estate located in Chungcheongnam-do, Co., Ltd., J, and was under pressure for the Defendant’s “Delegation of sale”. For the negotiation with K, the Defendant concluded a “contract on the sale of real estate and the termination of rehabilitation procedures” worth KRW 250 million with L/C, which constitutes a consortium with Sis and Sis and Guns for the negotiation with K on August 16, 2013, without permission of the court, and paid KRW 30 million as the down payment. On September 12, 2013, the Suwon F&C applied for permission of the court to enter into a real estate sales advisory contract as if it had concluded an advisory contract with 222 million won as if it had concluded an advisory contract with K, and paid KRW 100,000,000 to the law firm as the next day.

L, a former managing member, was sent by K with a written consent to sell real estate on November 11, 2013 according to the above advisory agreement, and until then, the defendant received an application for permission to enter into a real estate sales contract, and also obtained permission from the court for the above advisory contract.

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