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1. The Defendant’s KRW 200,000,100 as well as 5% per annum from May 13, 2016 to January 25, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. B (hereinafter “Nonindicted Company”) filed an application for rehabilitation with Suwon District Court 2010 Ma40 on May 10, 201, as a company for the purpose of manufacturing and selling the right to the right to the right to the right to the right to the right to the press of pressure, and on April 20, 201, the above court decided to authorize the rehabilitation plan, and Nonparty C and D were appointed as co-manager of the non-party company.
B. C and D extended a loan of KRW 18,00,000,000 for the purpose of paying for rehabilitation security rights and KRW 21,00,000,000 for operating funds (hereinafter “instant loan”) from the Plaintiff on September 7, 2012 with the permission of the above court to carry out the above rehabilitation plan and continue its business, and as to the real estate and its equipment listed in the attached Table 1, which are owned by the non-party company (hereinafter “the instant real estate, etc.”), pursuant to Article 6 of the Factory and Mining Foundation Mortgage Act with respect to the Plaintiff’s real estate and its equipment (hereinafter “the instant real estate, etc.”) as stated in the attached Table 1, which are owned by the non-party company, the Suwon District Court and its registry office as of September 20, 2012, the maximum debt amount of KRW 3,60,000 for the establishment of a mortgage (hereinafter “the instant mortgage”) and the registration office of KRW 300,000 for each of the instant maximum debt amounts.
C. The non-party company repaid the loans borrowed from the existing E limited liability company and F limited liability company, which are the rehabilitation secured creditor, with the money borrowed from the Plaintiff, and paid benefits, etc. to its employees.
When the management status of the non-party company becomes worse during the rehabilitation procedures, the above court decided to discontinue the rehabilitation procedures on November 3, 2015.
When the decision to discontinue the above rehabilitation procedures became final and conclusive on December 7, 2015, the above court sentenced the bankruptcy to the non-party company ex officio (hereinafter "the bankruptcy of this case") and appointed the non-party G as the trustee in bankruptcy.
E. Meanwhile, the Plaintiff on February 19, 2014.