logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2014.04.23 2013가합3897
배당이의
Text

1. Of the distribution schedule prepared on June 20, 2013 by the original district court C with respect to the auction of real estate.

Reasons

1. Basic facts

A. The bankrupt A Co., Ltd. (hereinafter “Bankruptcy”) is a stock company with capital of 200 million won, which was established on January 10, 2005 and engaged in the manufacturing and sales business of Dong and Dong and Dong-gu.

B. Around May 2009, the bankrupt entered into a construction contract with the Defendant to complete construction works for the construction of a factory and an office on the ground of some of the real estate listed in the separate sheet owned by the bankrupt (hereinafter “instant construction works”). Around July 15, 2009, when the said construction works were in progress, the bankrupt was unable to pay a promissory note payment due to the lack of funds liquidity due to the economic depression, and the said construction was suspended.

C. On September 2, 2009, the bankrupt filed an application for commencing rehabilitation procedures with the Changwon District Court on September 2, 2009, and received a decision of commencing rehabilitation procedures on October 1, 2009 by the Changwon District Court 2009hap57, and D, the representative director of the bankrupt, was appointed as the administrator of the bankrupt and proceeded with the rehabilitation business.

D On October 9, 2009, when the above rehabilitation procedure was in progress, reduced the construction cost of the instant construction from the existing 924 million to 670 million won, and the remainder of the construction cost 2587 million won, excluding the amount already repaid, was paid in installments from October 2009 to the end of December 201, and the defendant agreed to continue the suspended construction work.

E. D applied for permission on October 9, 2009 to complete the above construction which was interrupted to the Changwon District Court, and the above court granted permission on the 14th of the same month.

Accordingly, the defendant resumed the above construction and completed the construction on November 16, 2009, and delivered it to the bankrupt, and the bankrupt filed a registration of preservation of ownership with the Changwon District Court Kim Maritime Office No. 113517, Dec. 17, 2009.

(f) The rehabilitation procedures can not be implemented properly due to the economic depression, etc. that were in progress;

arrow