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(영문) 서울중앙지방법원 2016.12.20 2015가합502133
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

In principle, the judgment authorizing the decision of the final claim inspection judgment.

Reasons

1. Basic facts

A. On October 15, 2012, the rehabilitation procedure commenced on October 10, 2012 by Seoul Central District Court 2012.2) On December 10, 2014, the said rehabilitation procedure was commenced on the following grounds: (i) the Defendant, as a corporation that mainly engages in the manufacture and sale of fish, mother, speed and parts thereof, electric shock list, and parts thereof; and (ii) on April 14, 2016, the rehabilitation procedure commenced on April 14, 2016 by the Seoul Central District Court 2016 Ma10053.

B. On June 28, 2011, the Plaintiff and the Defendant entered into a subcontract and lease between the Plaintiff and the Defendant (i.e., the Plaintiff and the Defendant) entered into a contract with the Defendant to subcontract the Plaintiff with E plant processing, simple manufacturing, manufacturing and repair, relocation, construction, and total construction cost for trial operation (including value-added tax) at KRW 4,290,000,000 (including value-added tax). (ii) On October 18, 2011, the Defendant was established as a collateral security by setting the amount of KRW 200,000,000 to the Plaintiff at 20% per annum.

On the other hand, on November 15, 201, the Defendant established the right to collateral security of KRW 700,000,000 with respect to the real estate owned by the Plaintiff, which is currently or will be currently or future, against the Defendant, as the secured debt, and lent KRW 270,00,000 to the Plaintiff on the same day.

3) The Plaintiff re-subcontracted part of the subcontract agreement as indicated in the attached table of assignment of claims to Thai SP Co., Ltd. and 11 companies as indicated in the attached table of assignment of claims, but the said subcontractor completed all of the tasks assigned to each of them according to each of the subcontract agreements thereafter.

The above sewage companies shall transfer to the defendant the amount of subcontract price claim equivalent to the amount indicated in the "amount of claim" column in the above list owned by the plaintiff from December 2, 201 to February 2012, as stated in the "transfer date of claim" column in the attached list of assignment of claims, and around that time.

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