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(영문) 수원지방법원 평택지원 2021.01.07 2018가단6490
추심금
Text

1. The plaintiff's confirmation that rehabilitation claims against defendant B are KRW 37,555,957

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. The Plaintiff, based on the claim against the Company E, is the seizure and collection order (hereinafter “the instant claim seizure and collection order”). The Plaintiff, based on the claim against the Company E, took the Defendants as the third obligor under the Changwon District Court Order 2018, with the Defendants as the third obligor.

The seized claim was “a service payment claim under the COS management service contract that the obligor E had against the Defendant Defendant 3.” The amount of the claim against the Defendant B Company indicated in the instant claim seizure and collection order was KRW 37,55,957, and the amount of the claim against the Defendant C was KRW 37,000,000.

The collection order of the instant bonds was served on April 27, 2018 to Defendant B Co., Ltd., and on April 30, 2018 to Defendant C Co., Ltd., respectively.

B. A rehabilitation procedure was initiated on February 21, 2019 with respect to Defendant B Co., Ltd. (Seoul Bankruptcy Court 2018 Meetings 100253), and the rehabilitation plan was approved on November 22, 2019, and the rehabilitation procedure was completed on January 20, 2020, and on May 21, 2019 with respect to Defendant C Co., Ltd, the rehabilitation procedure was commenced (Seoul District Court 2019 Meetings 1036), and the rehabilitation procedure was completed on November 26, 2019, and the rehabilitation procedure was completed on February 20, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, 3, Eul evidence Nos. 2 and 3, Eul evidence Nos. 2 and 3, the purport of the whole pleadings

2. The Plaintiff filed a claim against Defendant B. seeking confirmation that the rehabilitation claim against the Defendant B was KRW 37,00,000,000. Thus, the Plaintiff’s claim against the Defendant B was 37,555,957 at the time the seizure and collection order of the instant claim was served on the Defendant B. Thus, there is no dispute between the parties. Thus, the Plaintiff’s rehabilitation claim against the Defendant B was 37,55,957 won.

As to this, Defendant B corporation has changed the Plaintiff’s right to the “commercial claim” which constitutes the Plaintiff’s rehabilitation claim against Defendant B corporation within the rehabilitation plan.

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