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(영문) 인천지방법원 2015.11.17 2013가합7192
손해배상(기)
Text

1. The bankrupt B corporation, the receiver D of the defendant debtor debtor B corporation, is the bankrupt debtor B corporation.

Reasons

1. Basic facts

A. On July 6, 2010, C Co., Ltd. (former Company prior to the division) commenced the rehabilitation procedure as the Incheon District Court 2010 Gohap11. On July 3, 2013, according to the approved rehabilitation plan, the company’s trade name was changed to B Co., Ltd., and part of it was divided, and thereby, the Intervenor Co., Ltd. (hereinafter “Defendant Intervenor”) was incorporated as the Intervenor of the Defendant Rehabilitation Obligor Co., Ltd. (hereinafter “Defendant Intervenor”). On May 22, 2014, B Co., Ltd was abolished the rehabilitation procedure and was declared bankrupt by the Incheon District Court 2014Hahap8 (hereinafter “Defendant Bankrupt”) was appointed as the bankruptcy trustee.

(hereinafter referred to as “Defendant B” is collectively referred to as “C”) a company prior to the division and B after the division.

Defendant B (hereinafter “F”) around December 14, 2009, around December 14, 2009.

(2) The Plaintiff was paid KRW 850 million out of total contract amounting to KRW 1.32 billion by F Co., Ltd., and manufactured the pump dredging vessel listed in the separate sheet (hereinafter “instant dredging vessel”) and registered on July 2, 2010 in its name (registration number G).

3) On November 4, 2010, Defendant B entered into a claim transfer agreement with F to transfer to Defendant B the entire right to claim return of KRW 850 million paid by F to the Plaintiff or the right to claim registration of transfer of ownership to the dredging vessel of this case, and notified the Plaintiff of the assignment of the claim. Defendant B’s custodian filed a lawsuit against the Plaintiff, including transfer of ownership of construction machinery No. 2010,21081, Incheon District Court. On November 9, 2011, the said court received KRW 470 million from Defendant B and at the same time, Defendant B paid KRW 470 million to Defendant B with respect to the dredging vessel of this case.

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