logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.11.17 2016가합17076
질권소멸의 통지
Text

1. The Defendant on October 8, 2014 between the Defendant and the Plaintiff as to the deposit claims in the attached Form to a corporate bank.

Reasons

1. Indication of claim;

A. On March 13, 2014, the Digital Text System Co., Ltd. (hereinafter “Plaintiff Company”) filed an application for rehabilitation with the Seoul Central District Court (hereinafter “Rehabilitation Court”) and appointed B (hereinafter “Manager”) as the custodian upon receiving a decision to commence rehabilitation procedures from the rehabilitation court on April 11, 2014. However, on January 23, 2015, upon receiving a decision to discontinue rehabilitation from the rehabilitation court, the bankruptcy was declared on February 27, 2015, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

B. The custodian obtained permission from the rehabilitation court for the promotion of M&A prior to the authorization of the rehabilitation plan, and promoted M&A, and the Defendant (hereinafter, from the nuclear partner partnership of the corporation to the present date on March 2, 2015), designated as the representative company, was selected as the priority negotiation object.

C. On October 8, 2014, the consortium created a pledge under the name of the Defendant by depositing KRW 1.355 million in the account of a company bank doorbook (Account Number C) in the name of the manager as a performance guarantee (hereinafter “instant pledge”). In the event that an investment contract is concluded, the said performance guarantee shall be appropriated as part of the down payment under the investment contract, and where the understanding angle becomes void due to a cause attributable to the consortium without entering into the investment contract, the performance guarantee shall be reverted to the Plaintiff company, including the interest accrued, and the acceptance amount shall be KRW 2.7 billion, and the acceptance amount may be adjusted within 5% according to the results of the actual inspection by the consortium to the Plaintiff company, and the investment contract shall be concluded within three business days from the date the acquisition price becomes final and conclusive, and the down payment of the investment contract shall be 10% of the finalized acquisition price.

Afterward, the final acquisition amount is 27 billion won.

arrow