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(영문) 울산지방법원 2016.10.27 2015가합21703
청구이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. A (hereinafter “A”) was a non-profit medical corporation established on December 28, 2012, which established and operated a medical institution and aims to contribute to improving national health through research and development on health and medical services.

B. On May 12, 2014, the Ulsan District Court rendered a final decision to commence rehabilitation proceedings against A with the Ulsan District Court 2014 Joint 5, and on the same day, the Plaintiff, who was the representative, appointed a director as a custodian, and the rehabilitation procedure (hereinafter “the first rehabilitation procedure”) began.

Defendant D: 80,00,00 won total of dividends under the agreement from February 2013 to May 31, 2014 (=5,000,000 x 16 months) (i) 785,417,000 won total of the principal of investment under the name of establishment at the time of establishment A (i.e., 60,00,000,000 won total of 185,417,000 won total of 185,417,000 won) x 00.30,000 won total of 20,000,000 won per annum from around 205,000 to September 19, 2012 x 30,000 won per annum from around 10,000,000 won per annum 630,000 won per annum; and

C. In the first rehabilitation procedure on December 24, 2014, the Defendants filed a subsequent return on each of the following rehabilitation claims, and the amount of the claims became final and conclusive.

On March 30, 2015, the rehabilitation procedure was abolished on April 6, 2015, and it was finalized on June 9, 2015.

E. On August 31, 2015, Ulsan District Court Decision 2015 Gohap515 (hereinafter referred to as "the second rehabilitation procedure") was rendered to A. The second rehabilitation procedure.

F. The Defendants were set forth in the second rehabilitation procedure on September 23, 2015.

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