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(영문) 대전지방법원 2016.06.08 2015가합101928
채권조사확정재판에 대한 이의의 소
Text

1. Daejeon District Court Decision 2014Ma36 dated February 16, 2015 (Seoul District Court Decision 2014Ma36) shall be revoked for the final claim inspection judgment.

The plaintiff's debtor.

Reasons

Facts of recognition

A Co., Ltd. is a mutual savings bank that runs the business of receiving credit installment savings, deposits and installment savings, and was declared bankrupt on April 30, 2013 by the Seoul Central District Court, and the plaintiff was appointed as a trustee in bankruptcy on the same day.

(Seoul Central District Court 2013Hahap54). Defendant (Seoul Central District Court 2013Hahap54) (Defendant B transferred the status of the party to the rehabilitation procedure to the administrator, but upon completion of the rehabilitation procedure, Defendant B acquired the status of the party to the rehabilitation procedure and changed the trade name thereafter; hereinafter, “Defendant” is a company operating a public golf course establishment and operation business, etc., without distinguishing it as far as it is not necessary to mention the act as a custodian.

Meanwhile, F Co., Ltd. (hereinafter “F”) is a company engaged in real estate development business, etc., and G (hereinafter “G”) is a company established by H (hereinafter “H”) as a general channel user company and for the purpose of engaging in broadcasting business, cultural service business, etc. on April 7, 201.

The above A, F, and the defendant were all the companies substantially controlled by I, the chairperson of A, until 2012.

On April 6, 201, A entered into a credit transaction agreement with F on April 6, 201, 23 billion won, interest rate of 10% per annum (22% per annum), and on April 6, 2012 after the expiration of the credit period, and loaned 21 billion won to F on the same day.

In regard to the occurrence of subrogation claims, I tried to acquire 1.2 million shares of G at the H’s request (hereinafter “instant shares”).

Accordingly, the defendant submitted the subscription note to the representative of G promoters, and the subscription price for shares should be deposited in the name of J.

I is the inside director of F and the defendant's director in charge of finance, and K and the defendant's largest shareholder.

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