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1. Defendant B’s KRW 45,00,000 and the Plaintiff’s annual rate of KRW 6% from February 1, 2015 to July 21, 2015.
Reasons
1. Basic facts
A. 1) The Plaintiff, with the trade name of “D”, engaged in package materials and sphone retail business, supplied sphones for packaging to Defendant B Co., Ltd. (hereinafter “Defendant B”) on October 21, 2014 through January 27, 2015, issued nine copies of the check (hereinafter “each of the instant checks”) with each face value of KRW 5,000,000 as security to the Plaintiff.
The Plaintiff endorsed and transferred each of the instant checks to the Customer.
3) After October 21, 2014 to January 27, 2015, the holders of each of the instant checks presented payment of the instant checks, but all of them were denied payment on the grounds of non-transaction, restriction on payment, etc. The Plaintiff’s redemption of each of the instant checks. (B) Defendant B filed an application for individual rehabilitation with Suwon District Court 2014Mo72 decided Oct. 7, 2014 (hereinafter “instant rehabilitation”), and accordingly, the registration of preservative measures prohibiting “all acts, such as transfer of ownership, creation of security right or right of lease, etc.,” was completed on each of the instant real estate owned by the Defendant, including the instant real estate.
2) As a result of examining the property status of Defendant B in the instant rehabilitation procedure, the asset value was the aggregate of KRW 3,281,583,757, and the total amount of the debt was 4,057,074,459. 3) The above court decided to abolish the instant rehabilitation procedure on January 15, 2015 on the ground that “Defendant B is in excess of the debt, and the liquidation value is larger than the continuous business value,” and the above decision was finalized on January 30, 2015.
C. On January 21, 2015, when Defendant B had been undergoing the instant rehabilitation procedure, the Defendants agreed to sell each of the instant real estate to Defendant C in the form of KRW 1,020,000,000, and agreed as follows (hereinafter “instant sales contract”).
. Sales amount: Payment of down payment of KRW 950,00,000 in the contract, any balance of KRW 70,000,000; and payment of KRW 27,205.