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(영문) 대전지방법원 2016.07.21 2015가합3482
채무자회생및파산에관한법률에 의한 부인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Presumed facts

A. On March 5, 2013, A Co., Ltd. (hereinafter “debtor Company”) borrowed KRW 300 million from the Defendant at the maturity of KRW 50 million on September 4, 2013 and at the rate of 7% per annum.

(C) The Plaintiff and the Defendant concluded a loan agreement with the Defendant on January 1, 2015, setting the due date for the repayment of the loan as 7% per annum on March 31, 2015.

B. On April 13, 2015, the debtor company repaid the Defendant the above loan amount of KRW 300 million.

(hereinafter “instant reimbursement”). C.

On April 8, 2015, the debtor company was suspended from current account transaction, and on April 14, 2014, filed an application for commencing rehabilitation procedures with Daejeon District Court 2015 Gohap5021, and received a decision to commence rehabilitation procedures on June 11, 2015.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 through 8 (including branch numbers, if any) and the purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is that: (a) the instant repayment constitutes an act detrimental to a rehabilitation creditor; and (b) the obligor is also aware of such act; (c) thus, the repayment constitutes an act subject to intentional avoidance under Article 100(1)1 of the Debtor Rehabilitation and Bankruptcy Act; or (b) an act detrimental to a rehabilitation creditor after the suspension of payment; and (d) the Defendant also knew of the fact that the obligor was subject to suspended payment, thereby subject to crisis avoidance under Article 100(

Therefore, as a result of the exercise of the right to set aside, the defendant is obligated to pay 300 million won and damages for delay from April 13, 2015, which is the repayment date of the right to set aside.

B. 1 The “act that the debtor knows that the repayment of this case constitutes a subject of intentional avoidance” under Article 100(1)1 of the Debtor Rehabilitation Act refers to the company’s general property, which becomes a joint security for all creditors, as well as the rehabilitation creditors or rehabilitation secured creditors.

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