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(영문) 서울고등법원 2018.03.09 2017나2070817
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. The facts below the facts of recognition do not conflict between the parties, or are recognized by taking account of the overall purport of the pleadings as a whole in each entry of Gap evidence Nos. 1, 2, 5 through 10, 13, and Eul evidence Nos. 1, 3 through 10 (including the number; hereinafter the same shall apply).

A. On July 11, 2017, Daeyang L&C Co., Ltd. (hereinafter “T&D”) established around February 1, 199 for the purpose of manufacturing and selling electronic records of corporate rehabilitation procedures against Daeyang L&C Co., Ltd. (hereinafter “T&D”) filed an application for commencement of rehabilitation procedures with the Seoul Central District Court 2014 Ma10074 (the land price was changed to the Seoul Rehabilitation Court) (the land price was changed to the jurisdiction of the Seoul Rehabilitation Court).

On August 12, 2014, there was a decision to commence rehabilitation procedures according to the above application. The new accounting corporation appointed as an inspector, through the investigation report on October 10, 2014 and the revised investigation report on October 24, 2014, reported that the large amount of liquidation is more than 3.5 billion won and the value of the continuous liquidation is higher than the value of the continuous liquidation of 7.3 billion won. However, the operation fund for product production and sales management exceeds 30 million won in the year 2014, and 70 billion won in the year 2015, if external funds are secured, the value of the large amount of continued business is more than the value of the liquidation of 52.6 billion won.

On December 1, 2014, the administrator of the Daeyangyang submitted a rehabilitation plan (hereinafter “instant rehabilitation plan”) on the premise of securing the operating fund of KRW 1 billion to the rehabilitation court. On December 2, 2014, the administrator filed an application for permission to borrow KRW 300 million with the funds for purchase of raw materials and operation of business activities on December 2, 2014.

The above application for permission was also accompanied by a letter of agreement on a monetary loan for consumption that the plaintiff lends KRW 300 million to Yangyang after the approval of the rehabilitation court, and a letter of intent to further lend KRW 700 million to the plaintiff after the authorization is granted.

The rehabilitation court shall be on or before December 2014.

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