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(영문) 대구지방법원포항지원 2017.06.23 2016가합11184
제3자이의
Text

1. The defendant has the executive force of the rehabilitation case No. 2015 Gohap133 against A corporation.

Reasons

1. Facts of recognition;

A. A(1) A(hereinafter “A”) claims against the Plaintiff Company A(hereinafter “A”) and the IBK Enterprise Bank Co., Ltd. (hereinafter “IBK Bank”)

each of the corporeal movables listed in the separate sheet to the IBK Enterprise Bank (hereinafter referred to as the “instant co-days”) in order to secure a loan to the IBK Enterprise Bank.

(2) 5,915.23 tons of 5,915.23 tons, including, but not limited to, the date of transfer;

2) After that, IBK Bank transferred A’s above loan claim and security right against A to a limited-liability company specializing in the 20th third asset-backed securitization of young children (hereinafter “child”).

3. On February 11, 2016, an infant transferred to the Plaintiff the claim for the above loans to A, the transfer security interest, and all rights incidental thereto, and the same year.

3.2. A was notified of the assignment of the above assignment of claims around 2.

B. 1) On October 23, 2015, the rehabilitation procedure commenced against A on October 23, 2015 ( Daegu District Court 2015 Gohap133; hereinafter “instant rehabilitation procedure”).

3) The rehabilitation table prepared according to the rehabilitation procedure of this case (hereinafter “instant rehabilitation table”) is the table of rehabilitation creditors.

(2) The rehabilitation procedure of this case was abolished on June 28, 2016 after the rehabilitation plan was rejected at the meeting of interested persons held on June 13, 2016 and was abolished on November 28, 2016.

C. On April 28, 2016, the Plaintiff and A obtained a rehabilitation security right repayment permit from the Daegu District Court to the effect that “The Plaintiff, a rehabilitation secured creditor, may repay obligations to the Plaintiff, who is a rehabilitation secured creditor, before the authorization is granted for the rehabilitation plan, with the proceeds acquired from disposing of the date of transfer for security or from the production of goods using the date of transfer for security” (hereinafter “instant permission”).

(2) On May 3, 2016, the Plaintiff: (a) based on the instant permission on May 3, 2016, the date of transfer to A is 1,909,963.

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