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(영문) 인천지방법원 2013.4.8.자 2013회합9 결정
회생
Cases

2013Revolving 9 Rehabilitation Act

An applicant and a debtor holding concurrent office

Sweden Co., Ltd.

Seo-gu Incheon Western Dong-dong

Park representative director* *

Law Firm Barun, Attorney Choi *

Imposition of Judgment

April 8, 2013

Text

1. The rehabilitation procedures shall commence for the debtor;

2. The debtor's representative director shall be deemed an administrator without appointing an administrator for the debtor.

3. The period for submitting a list of rehabilitation creditors, rehabilitation secured creditors and shareholders shall be from April 8, 2013 to April 26, 2013;

4. The reporting period for rehabilitation claims, rehabilitation security rights, and stocks shall be from April 27, 2013 to May 10, 2013;

5. The inspection period for rehabilitation claims and rehabilitation security rights shall be from May 1, 2013 to May 24, 2013;

6. The date and place of the first meeting of interested persons on June 24, 2013: the date and place of the first meeting of interested persons shall be 00 Incheon District Court No. 414.

Reasons

1. Basic facts

In full view of the evidence attached to the records of this case, the applicant and the representative director of the debtor (hereinafter referred to as "debtor") as well as the results of on-site inspection of the debtor, the following facts can be acknowledged.

(a) Business objectives;

The debtor is a company whose name of corporation has been changed in around September 2009 by Snick Industry Salary Co., Ltd., and is mainly engaged in the manufacture and sale of rewing machines and their parts, the manufacture and sale of self-absing machines, and the manufacture and sale of self-absing machines. A single brand is a company with competitiveness of the third world in the field of computer self-absing machines around 1 world and in the field of rewing.

(b) Capital and stockholders;

The debtor is a non-listed corporation with 61,00 shares of common shares, 439, 912 shares of common shares, 2.5 billion won for paid-in capital, *** * 100 percent of shares of the above company (hereinafter referred to as "private equity fund") with 100 percent of shares of the above company with 61,00 shares of common shares, 439, 912 shares of common shares (the issue amount per share 5,00 won per share). A private equity fund was transferred to the debtor through the KDB Industrial Bank through the KDB Industrial Bank in 209 after it provided funding to the debtor through the KDB Industrial Bank in 209.

(c) Current status of assets and liabilities, sales, and profits and losses;

The current status of the debtor's assets, liabilities, and profits and losses from 2008 to 2012 shall be as shown in the attached Form.

(d) Financial reasons for failure;

(1) From 2004 to 2009, the debtor faced with the crisis as a result of the occurrence of a total of KRW 97.54 billion due to the exchange-related derivatives contract, such as KRO, and the total of KRW 4.0 million. The debtor was provided with the PEF fund equivalent to KRW 68.5 billion from the private equity fund in 2009.

(2) However, due to the appearance of low-end and self-denunciations based on low-end personnel expenses, such as China, the debtor has continuously deteriorated its financial status due to the reduction of the sales price, and the debtor has paid high fees to resolve such liquidity pressure problem, and the financial status has deteriorated as the discount of sales claims.

(3) In order to solve the above problem, the debtor began to open a high-value product opening from around 2010 to develop the primary high-tech production management system called SDR (unit SDR). In the process of developing the system, the amount of development costs equivalent to KRW 20 billion has been spent and the financial situation has deteriorated further.

(4) Under such circumstances, the debtor was finally in default due to the failure to make a settlement of the total amount of KRW 6.377 billion and KRW 9 million with maturity as of March 5, 2013.

2. Determination

According to the above facts, the debtor is placed in a situation where the continuation of business does not cause a significant obstacle and the debtor is unable to repay his/her obligations at maturity, as well as where there is a concern about the occurrence of the cause of bankruptcy to the debtor, and it is determined that there is a ground for commencement of rehabilitation procedure under Article 34 (1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "Act"), and there is no other evidence to conclude that there is a ground for dismissal of the application for commencement of rehabilitation procedure under each subparagraph of Article 42 of the Act.

3. Conclusion

Therefore, the application of this case is reasonable, and therefore, the representative director of the debtor shall be deemed the debtor's custodian pursuant to Article 74 (4) of the Act, instead of appointing a manager pursuant to Article 74 (3) of the Act, for the commencement of rehabilitation procedures for the debtor. In addition, the inspection period of rehabilitation creditors, rehabilitation secured creditors, and the State's list submission period, rehabilitation claims, rehabilitation security rights, and stocks reporting period, rehabilitation claims and rehabilitation security rights, the inspection period of rehabilitation claims and rehabilitation security rights, the date of the first related persons' meeting shall be determined

Judges

Judges Yang Sung-ju

Judges Southern Dong-hee

Judges Seo Chang-chul

Site of separate sheet

Site of separate sheet

Current status of assets and liabilities;

Sales and Current status of profits and losses

A person shall be appointed.

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