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(영문) 전주지방법원 2018.05.23 2016가합3439
회생채권조사확정재판에 대한 이의
Text

1. On August 18, 2016, the judgment in claim allowance proceedings rendered by the Jeonju District Court (2016.12) shall be revoked.

2. The plaintiff's debtor.

Reasons

1. Facts of recognition;

A. A party status B Co., Ltd. (the former trade name was “D,” but it was changed to the current trade name on July 1, 2008; hereinafter “debtor Company”) is a company with the purpose of multiple material processing business, wind power display business, etc.

B. 1) F Co., Ltd. (mutual name was changed to “G Co., Ltd.”), the executive partner of the E Fund, following the conclusion of the instant new shares acquisition contract:

hereinafter referred to as “F”);

(1) On July 31, 2007, the debtor company, C, H, and E Fund (hereinafter “instant new shares subscription contract”) to acquire “500 won per share (2.5 billion won per share) 625,000 per share (2.5 billion won per share) issued by the debtor company” (hereinafter “instant new shares subscription contract”).

A) Upon the conclusion of the instant new shares acquisition contract, C and H agreed with the obligor company to jointly and severally assume the obligor company’s obligations to the E and/or equity funds under the instant new shares acquisition contract as an interested party in the instant new shares acquisition contract. (2) The obligor company paid KRW 2.5 billion to the obligor company in accordance with the instant new shares acquisition contract, and received allocation of KRW 625,000,000 (hereinafter “instant shares”).

3) On November 12, 2014, F drafted an additional contract with the debtor company, C, and H to the effect that part of the instant new shares acquisition agreement was modified (Evidence 3-2). C. The Plaintiff and EF entered into an asset acquisition agreement with the Plaintiff on December 2014.

2) On January 6, 2015, the Plaintiff concluded an asset acquisition agreement with the E Fund to purchase the instant shares and succeed to the status under the instant new shares acquisition agreement. 3) On January 29, 2015, upon delegation from the E Fund, the Plaintiff notified the debtor company of the acquisition of the instant shares, and on February 3, 2015, notified the debtor company of the acquisition of the instant shares.

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