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(영문) 서울동부지방법원 2016.04.27 2015가합101526
기타(금전)
Text

1. The plaintiff (Counter-Defendant, the designated party), the appointed party, the soloa partnership company shall be the corporate bank.

Reasons

Basic Facts

In the course of the rehabilitation and bankruptcy proceedings for the bankrupt debtor, the Digital Text System Co., Ltd. (hereinafter referred to as the "Rehabilitation Company") was established around September 200 and mainly runs the business of manufacturing and selling the tampin panel used in smartphones, PCs, etc., and filed an application for rehabilitation with the Seoul Central District Court (hereinafter referred to as the "Rehabilitation Court") on March 13, 2014 and appointed A (hereinafter referred to as the "trustee") as the administrator upon receiving a decision to commence rehabilitation procedures from the rehabilitation court on April 11, 2014. The above decision to discontinue rehabilitation was finalized on January 23, 2015 after receiving a decision to discontinue rehabilitation from the rehabilitation court, and the rehabilitation court sentenced the rehabilitation to the rehabilitation company on the same day, and appointed the defendant as the bankruptcy trustee of the rehabilitation company.

The administrator of bidding for sale and understanding of a company for rehabilitation was permitted by the rehabilitation court to promote M&A prior to the authorization of the rehabilitation plan, selected Ajin-based accounting corporation as a main agent for sale. On June 10, 2014, the first M&A was published but failed. On September 3, 2014, the appointed officer announced the second M&A on September 3, 2014, and was first selected from the rehabilitation court on September 29, 2014, as a result, he/she participated in the bidding by determining the amount as KRW 27 billion to be held solely for the purpose of acquiring the rehabilitation company. The appointed company was first selected from the rehabilitation court.

On October 8, 2014, the consortium deposited KRW 1.355 billion in an account in the name of the manager, and between the manager and the manager on the same day, the consortium is under the name of the manager as the performance bond, the amount of KRW 1.355 billion equivalent to 5% of the bid amount.

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