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(영문) 서울고등법원 2015.12.11 2015나2038727
파산조사확정재판에 대한 이의의 소
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the overall purport of the pleadings in the descriptions of Gap evidence Nos. 1-1, 2, 2-2, 2-1, 3, 4, 5-1, 2, 6-1 through 3, 7, 9, 1-1 through 10, 5-2, 5-1, 6-7, 7, 9, 1-2, and 1-10.

1) The debtor corporation B (the first "Corporation D," but its trade name was changed on March 24, 2006 as at present;

hereinafter referred to as “B”

A) On November 30, 2009, the Defendant was declared bankrupt by the Seoul Central District Court 2009Hahap33,76 (Merger) on November 30, 2009, and the Defendant is the bankruptcy trustee of B who was appointed on the same day, and H was the representative director of B on August 26, 2003 and resigned on April 17, 2006, and J was the person who actually worked as the representative director of B on April 17, 2006. (2) H was the company that acquired B’s shares 1,80,000,000 shares during the capital increase procedure for issuing new shares on October 14, 2004, and Sam Man Man Man (hereinafter “Ma Man”) was the company that was declared bankrupt by the Seoul Central District Court as of September 24, 205.

On the other hand, I is a person who has served as the representative director of K Co., Ltd. (hereinafter “K”), and the plaintiff is an I's partner.

B. On October 25, 2005, B drafted a letter of credit performance and a loan certificate as follows with the Plaintiff: (a) borrowed KRW 100,000,000 from the Plaintiff on the same day (hereinafter “instant loan”); and (b) written a loan certificate with the following contents, in addition to the loan 1 and the loan 1,000,000,000 from the Plaintiff.

The amount of debt - the statement of performance of the obligation - the sum of the above amounts will be confirmed to have been repaid as follows: 300,000,000 won in Japan:

- - sound.

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