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(영문) 전주지방법원 2018.07.12 2017가합2976
약정금
Text

1. The Defendant’s KRW 406,140,960 for the Plaintiff and KRW 5% per annum from June 10, 2017 to July 12, 2018.

Reasons

A. A. The contract is drawn up, and the main contents are as follows. A. B of the E funeral hall (hereinafter “Defendant”): A (hereinafter “Plaintiff”)

The defendant agrees that the plaintiff shall pay 1,164,563 won under the contract for the assignment of claims made on June 5, 2012 to limited liability company C to the plaintiff in good faith until January 31, 2012, and he shall also be fully responsible for filing a civil or criminal lawsuit accordingly.

= Specific matters = The defendant at the time of termination according to the rehabilitation plan submitted by the plaintiff

1. Money exempted from the Plaintiff’s special compensation (291,140,960 won)

2. Attorney's fees related to the above case (15,000,000 won);

3.The right to secure a maximum of 20 per cent of the amount, including the amount in paragraphs 1 and 2 above and all other expenses.

4. The amount of 20% shares shall be determined by the investment ratio under the rehabilitation plan.

* prepare the above matters in a notarial deed and create a collateral security on the E funeral hall.

C. The Plaintiff’s rehabilitation plan and rehabilitation plan approval order 1) At the time of the instant rehabilitation procedure commencement order, F and the Plaintiff, appointed as a custodian, submitted a rehabilitation plan to each of the former District Court, and thereafter submitted a revised rehabilitation plan to each of the former District Court. 2) The part relating to the Plaintiff among the rehabilitation plan submitted by the Plaintiff on May 24, 2012 is as follows.

The rehabilitation plan submitted on May 24, 2012 by the plaintiff 1,455,704,802 of the amount of claims against the plaintiff 1,164,563,841 won (80%) in the first year of repayment (2012) in the year of repayment for the first year of repayment for the amount of claims of the plaintiff 1,455,704,802, 291,140 won (20% of the estimated amount of claims) 3, 291,140,960 won (20% of the estimated amount of claims)

On June 14, 2012, the Plaintiff submitted a second rehabilitation plan on June 14, 2012 and revised several times on November 2012.

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