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(영문) 서울중앙지방법원 2020.02.11 2018나67918 (1)
양수금
Text

1.The judgment of the first instance shall be modified as follows:

The plaintiff's rehabilitation claim against the defendant is the principal amount of 34,475,652.

Reasons

1. Basic facts

A. On May 10, 2012, the Defendant was a stock company engaged in civil engineering and construction business, and was decided to commence rehabilitation procedures by the Seoul Central District Court 2012 Gohap72. The Defendant’s creditor J Co., Ltd. (hereinafter “J”) was recognized as a rehabilitation creditor the sum of KRW 195,180,000 for the principal of the construction cost claim and interest KRW 5,727,062 for the period prior to the date of the decision to commence rehabilitation procedures.

(hereinafter “instant rehabilitation claim”). Accordingly, the same content was entered in the table of rehabilitation creditors prepared on July 2, 2012.

B. On September 25, 2012, the Defendant obtained the rehabilitation plan approval from the above court, and the above decision became final and conclusive on October 10, 2012. Of which, the specific repayment plan against J was 74% (148,671,226), out of the above 20,907,062, the debt-to-equity swap (stocks) and the remainder of 26% (52,235,836) shall be repaid in cash (hereinafter “the cash repayment portion”), and 68% (35,520,368 won) out of the cash repayment portion of 52,235,836 won was equally divided, and the rehabilitation plan of this case was 8,80,829,000 won (hereinafter “the debt-to-equity swap”) during the third year (2015) through 200,7416,716,7416 and 270% (hereinafter “the remaining amount of repayment”).

C. On October 25, 2013, D Co., Ltd. (hereinafter “D”), and on October 29, 2013, and November 8, 2013, the address and representative director of J changed respectively to “Seoul Seocho-gu G Building, Hho, and F.”

The Plaintiff had a claim for the amount equivalent to KRW 102,982,636 against D, but D was above the Plaintiff on September 1, 2014.

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