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(영문) 서울중앙지방법원 2017.10.26 2017가단5015280
계약금반환청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The female professional farming company (the female of the company was changed from July 14, 2014 to the trade name as of July 14, 2014; hereinafter referred to as “non-party company”) changed to the Korean Bank (hereinafter referred to as “Korea Bank”) for land and its ground buildings owned by the non-party company (hereinafter referred to as “the instant real estate”), the maximum debt amount of which is KRW 1.8 billion and KRW 600 million on April 27, 2012, with respect to the land and its ground buildings owned by the non-party company (hereinafter referred to as “the instant real estate”), and obtained a loan from the Korean Bank after completing the registration of establishment of a mortgage with the maximum debt amount of KRW 36 million on July 23, 2012.

B. On July 31, 2015, the non-party company filed an application for commencing rehabilitation procedures with the Incheon District Court 2015 Ma16, and received a decision on commencing rehabilitation procedures on August 31, 2015, and the administrator of the non-party company took charge of the above rehabilitation procedures (hereinafter “instant rehabilitation procedures”); on the claim inspection date of the rehabilitation procedure, the mortgage claim amounting to KRW 600 million from the bank’s respective maximum debt amount was partially subrogated to the Korea Technology Finance Corporation on October 21, 2015 and partially transferred to the Korea Technology Finance Corporation the mortgage claim amounting to KRW 229,15,533 on the same day, and the mortgage claim amounting to KRW 36 million was partially transferred to the Korea Technology Finance Corporation on November 9, 2015 by paying the maximum debt amount at KRW 154,938,949 on behalf of the Korea Credit Guarantee Fund.

B The rehabilitation security right of KRW 1,876,833,042 (hereinafter “instant collateral security right”). The Defendant was transferred the instant collateral security right from the Bank during the process.

The summary and the deadline of the rehabilitation plan: The amount of claims secured by rehabilitation security rights: the total amount of KRW 2,394,895, rehabilitation claims, KRW 7,159,80,349, and KRW 80,79,349, including taxes, etc., KRW 80,796,59, and KRW 834,439,839, and the method for the alteration of the rights and the repayment of the rehabilitation security rights, shall be paid in cash in full, and KRW 100,000.

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