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(영문) 서울중앙지방법원 2015.12.17 2015가합13350
회생채권조사확정재판에 대한 이의
Text

1. On April 8, 2015, Seoul Central District Court Decision 2013 Ma1183 dated April 8, 201 shall be amended as follows:

Reasons

1. Basic facts

A. A, a rehabilitation debtor foundation A (hereinafter “debtor foundation”), is a foundation established for the purpose of establishing and operating a medical institution, and D was appointed as the representative of a rehabilitation debtor foundation A (hereinafter “debtor Foundation”) on July 29, 2009.

B. On July 30, 2009, the Defendant issued a certificate of borrowing in the name of the debtor foundation, stating that “The Defendant shall transfer KRW 200 million to the national bank account in the name of D and KRW 100 million to the new bank account in the name of E, and on the same day, “the Defendant shall borrow and receive KRW 300 million from the Defendant on July 30, 2009.”

C. On January 20, 2010, the Defendant entered into a lease agreement with the debtor foundation to lease the F Hospital (G Hospital) cafeteria with a fixed term of KRW 380,000,000 as the lease deposit and the lease term of KRW 5 years (hereinafter “instant cafeteria lease agreement”) and received a receipt from D on the same day.

At the time of the instant lease agreement, the debtor foundation, upon completion of the construction of the F Hospital by March 30, 2010, agreed that the Defendant shall conduct business from that time to that time, and that the Defendant shall pay 2% interest per month from March 30, 2010 to the Defendant as compensation for damages if the Defendant is unable to conduct business from that time.

E. On December 3, 2009, H entered into a lease agreement with the debtor to lease a F Hospital parking lot of KRW 300 million (a contract amount of KRW 100 million) and five years for the lease term (hereinafter “instant parking lot lease agreement”). On January 20, 2010, H issued a receipt under the debtor’s name to receive the down payment amount of KRW 100 million from D.

F. The debtor foundation shall complete the completion of the F Hospital by March 30, 2010.

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