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(영문) 서울회생법원 2020.05.20 2019가합100740
부당이득금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties’ related debtors A (hereinafter “debtor”) have been a company established for the purpose of manufacturing and selling motor vehicle parts manufacturing and selling business, which is engaged in business in the manner of exporting neons, etc. manufactured by D Co., Ltd. (hereinafter “Co., Ltd.”) which is a subsidiary of 100% from the second title of D Co., Ltd. (hereinafter “Co., Ltd.”).

The defendant has supplied goods to D as a company that runs the manufacturing and selling business of the tobacco products for automobiles.

B. D’s nonperformance of the obligation to pay the price for goods, and joint and several sureties 1) D’s joint and several sureties 2016 began to delay the payment of the price for goods to the Defendant from the end of 2016.2) On June 8, 2017, as “D shall pay to the Defendant the price for goods in installments by October 31, 2017 according to the repayment plan, the amount of USD 7,795,214.77,” “D shall be repaid in installments to the Defendant by not later than October 31, 2017 (i.e., reimbursement of USD 2,00,000 on July 31, 2017). The debtor shall lose a notarial deed stating that D’s joint and several sureties’s debt is a notarial deed.”

C. On May 8, 2018, the debtor sold each of the instant real estate, and the instant repayment act 1) on the following grounds: (a) on May 8, 2018, the debtor: F Co., Ltd., the Defendant’s subsidiary company, 4,703 square meters of G factory site, H factory site, 245 square meters of land; (b) 419 square meters of land for I

(2) On May 18, 2018, F sold the price of KRW 2.8 billion, and F completed the registration of ownership transfer on each of the instant real estate. (2) On June 11, 2018, the debtor paid KRW 1 billion out of the purchase price of each of the instant real estate to the Defendant on June 11, 2018.

(hereinafter the above act of repayment refers to the act of repayment in this case).

On September 7, 2018, the debtor, D's debtor, D's debtor, and D's bankruptcy petition filed on September 7, 2018, and on October 26, 2018, D's bankruptcy was declared (Seoul Rehabilitation Court 2018Hau0365), and on October 29, 2018, the debtor is declared bankrupt.

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