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(영문) 대전지방법원 2021.01.27 2019가합109920
채권조사확정재판에 대한 이의의 소
Text

Daejeon District Court on November 11, 2019 approved the final and conclusive judgement of rehabilitation claim investigation (No. 516) No. 516 at 2019.

The costs of lawsuit.

Reasons

1. Basic facts

A. The Plaintiff is a corporation established for the purpose of corporate investment, financing business, etc., and the Defendant is a corporation established for the purpose of semiconductor Radsinger and stopy production and sale, etc.

B. On April 15, 2019, the Defendant filed an application for commencement of rehabilitation proceedings with Daejeon District Court 2019, which was decided on June 7, 2019, and the rehabilitation procedure was completed on January 2, 2020 after the rehabilitation plan was approved on December 6, 2019 (hereinafter “instant rehabilitation procedure”). (2) The Plaintiff reported the instant rehabilitation procedure [Attachment]’s claim on the rehabilitation claim list (hereinafter “the instant claim”). At the time, the Defendant’s custodian denied the instant claim reported by the Plaintiff.

Accordingly, on September 26, 2019, the Plaintiff filed an application for a final and conclusive inspection of rehabilitation claims regarding the instant claim with Daejeon District Court 2019. On November 11, 2019, the said court rendered a ruling that “The Plaintiff’s confirmation that there is no rehabilitation claim against the Defendant” (hereinafter “instant final and conclusive inspection”).

[Judgment of the court below] The non-contentious facts, significant facts in this court, Gap evidence No. 3, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion was: (a) the Plaintiff agreed with the Defendant to use C common shares as a collateral; and (b) the Plaintiff agreed to return the shares and interest for the three-month period; (c) the Defendant delivered the said C common shares of the company to the Defendant on July 17, 2018; (d) the 50,000 shares on July 20, 201; and (e) the 265,000 shares on July 23, 2018 (hereinafter “instant shares”).

However, since the Defendant disposed of the instant shares in another place without returning them, it is obligated to return the instant claim to the Plaintiff.

B. The Plaintiff delivered the instant shares to the Defendant around July 2018, and the Defendant was on July 17, 2018, July 19, 2018, and on the 20th day of the same month.

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