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(영문) 인천지방법원부천지원 2016.09.22 2015가단15445
손해배상등
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The plaintiffs and the defendant are N's creditors who operated manufacturing business under the trade name of "M" in Kimpo-si, and the amount of credit against N is as stated in the "amount of credit" column in the separate sheet of each claim amount of the plaintiffs.

B. On September 17, 2013, N entered into a sales contract with theO for the sale of six machinery owned by it (hereinafter “instant machinery”) to theO in an amount of 6.6 million won.

C. On December 17, 2013, the Defendant and Plaintiff J, the creditor of N, who were the creditors of N, made a contract for the transfer and takeover of the claim between N and O with the consent of N on December 23, 2013 in order to secure the instant machinery necessary for M operation, based on the fact that N continued operation of M and recovery of the claim from the proceeds therefrom, and entered into a contract for the transfer and takeover of the claim between N andO with the consent of N on December 23, 2013.

On February 21, 2014, N’s creditors, including the Plaintiffs and the Defendant, held a creditors meeting on February 21, 2014 to form a claim group and appoint the Defendant as the representative of the claim group. By October 30, 2014 (the first extension until June 30, 2014) each creditors’ amount of credit is 45% of the total amount of credit of each creditors (hereinafter “instant joint operation agreement”).

E. Accordingly, the Defendant and N, the representative of the bond group, jointly operated M factories until October 30, 2014, and with its profits, paid each corresponding amount indicated in the “paid credit amount” column in the separate sheet of each of the Plaintiffs’ respective credit amounts to the Plaintiffs.

F. The N and some creditors want to extend the above period as the expiration date of the M plant joint operation period stipulated in the instant joint operation agreement. However, the Defendant opposed thereto, and the foregoing joint operation period expires at M plant on October 31, 2014, which is the following day after the said joint operation period expires.

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