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1. The rehabilitation claims of the Plaintiff (Appointed Party) and the Appointed D against the debtor foundation B are 3,200,000,875.
Reasons
1. Facts of recognition;
A. On October 26, 2008, E Co., Ltd. (hereinafter “E”) transferred the claim for construction cost of KRW 695,000,000 to F for E Incorporated Foundation B (hereinafter “instant Foundation”), and around that time, notified the instant Foundation of the assignment of the claim and the said notification reached the instant Foundation.
(hereinafter referred to as “instant Claim 1”). B.
On October 17, 2012, the Plaintiff (Appointed Party; hereinafter only the Plaintiff) and the Selection Party D (hereinafter referred to as the “Selection Party D”), and the F transferred each of the instant claim for construction cost of KRW 5,811,300,000 to the instant foundation (hereinafter referred to as the “G”) by G (hereinafter referred to as the “claim 2”), F and G were notified to the Foundation on October 24, 2012, and the notification was reached to the Foundation of this case on October 25, 2012.
C. On March 19, 2013, H, a creditor of the instant foundation, filed an application for commencing rehabilitation procedures with the Seoul Central District Court for the instant foundation, and the Seoul Central District Court rendered a decision that the instant foundation commenced rehabilitation procedures and deemed the Defendant as the administrator of the instant foundation.
[Evidence] Facts without dispute, significant facts in this court, Gap evidence Nos. 3, 9, and 10 (including documentary evidence with provisional numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. 1) The Plaintiff and the appointed parties acquired each of the claims No. 1 and No. 2 of the instant case as the assignment of claims, such as the Plaintiff’s claim No. 1-A and No. 1-B. The claim amount of the instant claim No. 1 of this case is KRW 695,000,000, and the claim amount of the instant claim No. 2 of this case is KRW 5,706,750,000, respectively, and the Plaintiff and the appointed parties are KRW 3,200,875,000 in each of the instant claims to the Foundation.