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(영문) 수원지방법원 2017.01.20 2015가합6114
공탁금출급청구권확인
Text

1. Korea Bank, Inc., on July 16, 2015, deposited as Geumwon District Court Nos. 2058, Geumwon District Court Geumwon 2015, 725,461.

Reasons

1. Basic facts

A. A Co., Ltd. established on October 24, 1997 as a company engaged in the business of manufacturing and selling motor vehicle parts and various high-tension containers. On July 3, 2009, the application for commencement of rehabilitation procedures was filed on July 3, 2009 by Suwon District Court 2009hap48, and the decision to commence rehabilitation procedures was made on August 21, 2009, including the appointment of a manager as D, and was decided on August 18, 2010.

Since December 12, 2014, D resigned from the office of administrator A and E was appointed as administrator A on the same day.

(hereinafter referred to as “A” in total as “A” in the manager E of A and the Debtor Rehabilitation Obligor A.

On January 19, 2015, A and C have entered into an investment contract for the rehabilitation company A (hereinafter “instant investment contract”) with C consortiums comprised of the Defendant and F, and obtained permission from the Suwon District Court on January 26, 201.

3) The main contents of the instant investment contract are as listed below. Article 2 (Definition of Terms) (1) The term “Rehabilitation Court” means a rehabilitation company (A).

hereinafter the same shall apply.

(2) The term "Revised Draft Rehabilitation Plan" means a draft rehabilitation plan in which MN proceeds have been prepared, including the content of debt settlement to creditors, as repayment resources, after MN entered into an investment contract.

hereinafter the same shall apply.

(A) referring to “A Manager E”.

hereinafter the same shall apply.

(1) A shall take over and redeem the rehabilitation security rights and rehabilitation claims, and pay for services provided by A during the sale of the property.

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