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(영문) 서울고등법원 2017.06.16 2016나4862
개인회생채권조사확정
Text

1. The plaintiff's appeal and the defendant's appeal are all dismissed.

2. The costs of appeal shall be borne respectively by each party.

Reasons

1. Basic facts

A. 1) The Defendant (Appointed Party) and the appointed party D (hereinafter referred to as the rehabilitation debtor’s status and status as custodian and before and after the completion of rehabilitation procedures are not classified, and only the Defendant C, the Defendant D, or the Defendant.

on August 27, 2010 (hereinafter “National Bank”) shall be the National Bank (hereinafter “National Bank”).

(2) The lease deposit amount is KRW 3.7 billion for the lease deposit, and the lease period is five years from the date the national bank moved into the building and opened the building (hereinafter “instant lease contract”). The lease contract is for the lease deposit amount of KRW 3.7 billion for the lease deposit, and the lease period is for the lease of KRW 5.7 billion for the lease of KRW 91.35m2.9m2 on the ground of KRW 3,260.21m2, which is scheduled to be newly constructed on the ground of KRW 3.

(2) On November 2, 2010, A Co., Ltd. (hereinafter “A”) was awarded a contract with the Defendants for a new construction of a three-story building on the ground reinforced concrete structure flat roof E and three-story (hereinafter “instant building”).

(hereinafter “instant contract”). Construction period of KRW 3,390,00,00 (excluding value-added tax): November 10, 2010 (including remaining construction costs after completion) under Article 8 (1) of the Act on February 28, 2011 (including payment of construction costs) 45 days after completion of completion inspection and termination of the contract (Article 2(8)) and the deposit for lease of a national bank shall be paid in preference to the construction cost, if the payment of the balance from the national bank is earlier than the payment date specified in Article 9(4) above, the construction cost shall be first paid if the remainder of the deposit is satisfied. 3) If construction costs are not fully appropriated due to the national bank lease deposit, the amount of interest may be increased by 35 days for the shortage of the general deposit, but the amount of interest shall be extended by 15 days for 30 days (15 days).

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