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(영문) 서울중앙지방법원 2019.09.05 2018가합585764
구상금
Text

1. The Defendants jointly and severally liable to the Plaintiff KRW 1,918,131,427 and Defendant D Co., Ltd from December 30, 2017 to December 30, 2017.

Reasons

1. Basic facts

A. The status of the parties (1) was changed from “F” corporation A to “B” corporation on August 1, 2013, and the trade name was changed to the current trade name on April 1, 2015.

(hereinafter “Rehabilitation Company”) is a company that runs the business of designing, building, operating, maintaining, and repairing information and communications networks and systems, and is engaged in rehabilitation proceedings upon receiving a decision to commence rehabilitation proceedings on March 21, 2014 as of March 21, 2014, the Seoul Central District Court 2014hap55, which was decided to commence rehabilitation proceedings on August 22, 2014, and the Plaintiff was appointed as the representative director of the rehabilitation company and considered as the custodian of the rehabilitation company on February 28, 2019.

(2) Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a company that engages in the business of recycling wastes, intermediate waste disposal business, etc., and Defendant E is an internal director or representative of the Defendant Co., Ltd.

B. (1) The Defendant Company had to implement the I Project “I Project” (hereinafter “instant project”) at Ansan-si, Ansan-si, and intended to implement the necessary facilities by the method of performing the responsibility as the contractor as the contractor.

(2) On March 29, 2013, the Defendant Company entered into a loan agreement with J limited-liability company (hereinafter “Special-Purpose Corporation established by K Co., Ltd. for the instant project”), setting the loan amount of KRW 15,774,00,000 per annum, interest rate of KRW 6.3% per annum, and the maturity date of the loan of KRW 6.3% per annum.

On November 14, 2013, the defendant company and the lender entered into an amendment agreement with the defendant company to obtain additional loans of KRW 2,827,00,000 from the lender, and "the loan agreement entered into on March 29, 2013" (hereinafter referred to as the "loan agreement entered into on March 29, 2013").

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