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(영문) 광주지방법원 2018.07.06 2018가합369
부인의청구 결정에 대한 이의
Text

1. The instant lawsuit shall be dismissed.

2. The case involving the claim for denial filed by the Gwangju District Court 2017 Gwangju District Court 2018.

Reasons

1. Basic facts

A. The Defendant is a subcontractor of the C Corporation ordered by Gwangju Metropolitan City (hereinafter “instant Corporation”), and the Plaintiff is a subcontractor of a part of the said Corporation.

B. On September 4, 2017, the Defendant prepared and issued a notarial deed of a debt repayment contract (hereinafter “notarial deed of this case”) stating that a notary public shall repay KRW 2,600,000,000 to the Plaintiff, from September 11, 2017, the amount of KRW 2,60,000,000, as a notary public, to the Plaintiff, under the status of excess of the obligation due to the shortage of funds.

C. On September 4, 2017, the Defendant was subject to a disposition to suspend current account transactions on September 6, 2017 due to the default on payment of promissory notes per corporate bank.

On September 13, 2017, the Plaintiff filed an application with the Gwangju District Court for an order of seizure and assignment of claims on the Defendant’s attached list against Gwangju Metropolitan City based on the instant authentic deed (hereinafter “instant authentic deed”). On September 15, 2017, the said court issued an order of seizure and assignment of claims on the foregoing claim (hereinafter “instant order of seizure and assignment”), and the said order of seizure and assignment of claims became final and conclusive on October 11, 2017.

E. On September 25, 2017, the Defendant filed an application for commencement of rehabilitation proceedings with the Gwangju District Court 2017Kahap5021, and the said court decided to commence rehabilitation proceedings against the Defendant on November 23, 2017, appointed E and F as joint managers.

(hereinafter “The co-manager of the instant case”). Afterward, the co-manager of the instant case terminated the subcontract agreement on the instant construction project concluded with the Plaintiff pursuant to Article 119(1) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “ Debtor Rehabilitation Act”).

F. The co-manager of the instant case filed a claim for denial with Gwangju Metropolitan City to notify the Plaintiff that the attachment and assignment order of the instant claim became invalid by exercising the right to set aside against the co-manager of the instant case, as the Gwangju District Court 2017 Session5012, and the said court made the instant claim attachment and assignment order on March 9, 2018.

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