logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.04.23 2017가단15962
채권조사확정재판에 대한 이의의 소
Text

1. The Suwon District Court approves the final claim inspection judgment (No. 2016) No. 280 of the notification of April 17, 2017 to the Plaintiff.

2...

Reasons

1. Basic facts

A. All Defendant D Co., Ltd. (former Co., Ltd.) and rehabilitation debtor B Co., Ltd. are referred to as the Defendant in total before and after the rehabilitation procedures. The term “instant golf course” is a company that owns and operates FF golf courses located in the wife population E (hereinafter “instant golf course”) and condominiums.

On February 1, 2016, the Defendant filed an application for commencement of rehabilitation procedures with Suwon District Court 2016 Ma1003, and received the authorization for commencement of rehabilitation procedures on March 7, 2016 and the authorization for rehabilitation plans on June 14, 2017, and completed rehabilitation procedures on July 21, 2017.

B. The Plaintiff acquired the Plaintiff’s golf club membership (hereinafter “instant golf club membership”) before the rehabilitation procedures commenced with the Defendant’s golf club membership as a regular golf club member.

The plaintiff has the right to preferentially use the defendant's golf course and related incidental facilities by entering the golf course of this case, and the defendant's rules stipulate that the principal shall be refunded at the time of withdrawal after ten years from the membership fees paid by the member, and the period of deferment of the plaintiff's membership fees has passed.

C. The Plaintiff asserted 34,00,000 won as the amount of credit when reporting the golf membership of this case as the rehabilitation claim in the rehabilitation procedure of this case, but the Defendant’s custodian was only the amount of the admission fee in the rehabilitation procedure.

Accordingly, the plaintiff applied for the final claim inspection judgment, such as the statement in the purport of the claim, and again sought confirmation of the same amount of rehabilitation claim, but only the amount of admission was recognized as rehabilitation claim.

In the above rehabilitation plan approval plan, if the total amount of the rehabilitation claim of the timer plaintiff is repaid in cash (including repayment deposits), the rights of the plaintiff as a member including golf facility usage rights are determined to be extinguished, and the above decision was finalized.

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 6, 14, 15, and 16, each entry of evidence Nos. 3 and 4, and all pleadings.

arrow