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(영문) 춘천지방법원영월지원 2019.01.17 2018가합10014
회생채권 확정 등 청구의 소
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Facts of recognition

The C Co., Ltd. (hereinafter “C”) and D Co., Ltd. (hereinafter “D”) established a joint supply and demand company with E Co., Ltd., and the rehabilitation procedure for F Co., Ltd (hereinafter “Defendant”) began on August 27, 2014 as Seoul Central District Court 2014 Ma10057. The custodian of the rehabilitation company entered into an investment contract with L Co., Ltd for M&A on February 11, 2016 and approved the rehabilitation plan on February 25, 2016. The rehabilitation company was dissolved through the reorganization, and the Defendant Co., Ltd was established on June 1, 2016, and the Defendant succeeded to all rights and obligations of F Co., Ltd. comprehensively.

In reference to the F Corporation, “Defendant” is called “Defendant”.

G Creation was awarded a contract by the G Corporation.

As of December 10, 2008, C received construction cost from the Defendant in relation to the above construction contract (principal) was KRW 9,027,90,000 as of December 10, 2008.

(A) On November 24, 2008, C and the Plaintiff’s issuance order of the authentic deed of promissory notes issued a promissory note with the face value of KRW 12 billion and the due date at the sight of the Plaintiff, an employee of H H, who was the representative director, even though there is no obligation on the part of the Plaintiff. At the request of the Plaintiff, C and I representing C and the Plaintiff’s notary public delayed the payment of the said promissory note amount under No. 686 of the JW No. 2008, a notarized deed recognizing that there was no objection even if they were immediately subject to compulsory execution.

(hereinafter “instant authentic deed”). On December 10, 2008, on the basis of the instant authentic deed, the Plaintiff received the attachment and assignment order of the claim against C with respect to the instant construction price claim against C under the Youngcheon District Court Young-gu Branch 2008TTT1468 (hereinafter “instant assignment order”), and the said order became final and conclusive around that time.

C Commencement of rehabilitation procedures for C is the Chuncheon District Court 2010 Gohap1 on May 17, 2010.

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