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(영문) 서울중앙지방법원 2014.04.22 2013가합33312
채무부존재확인
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. (1) The bankrupt A Co., Ltd. (hereinafter “Bankruptcy Company”) is a company aimed at the receipt of deposits and installment savings, and the lending of funds. The Plaintiffs are those who were working as the employees of the bankrupt company and were or were currently serving in the year 2012 or 2013.

(2) The bankrupt company was declared bankrupt on May 20, 2013 (Seoul Central District Court 2013Hahap64), and the defendant was appointed as the bankruptcy trustee of the bankrupt company on the same day.

B. (1) The bankrupt company, including the acquisition of new shares and the establishment of a loan account of the plaintiffs, conducted the procedure for receiving subscription for new shares with partial allotment of new shares to the members of the employee stock ownership association on August 9, 2005, January 9, 2006, January 4, 2007, and July 26, 2007, when offering new shares increase for 4 or 7th and over time. The above allocated new shares was acquired in the name of the plaintiffs.

(2) On the day when new shares were acquired under the names of the plaintiffs, each of the lending accounts was established in the bankrupt company in the names of the plaintiffs as to the amount of each of the purchase price of new shares. The specific loan amount stated in the attached Table 2 of the loan agreement is as stated in the relevant statement, and the specific loan contract (hereinafter the above loan contract is referred to as "each of the lending contracts of this case", and the terms of the specific loan contract are as listed below.

The loan interest rate of an employee stock loan is 3% per annum of a loan agreement dated August 9, 2005 (3% per annum of August 9, 2010) or thereafter until January 9, 2006 of employee stock loan by January 9, 201 or thereafter until January 30, 201, 3% per annum of a loan agreement dated January 4, 2007 of employee stock loan by January 4, 201 or thereafter until January 4, 2012, or 4% per annum of a loan agreement dated July 26, 2007 of employee stock loan by July 26, 2007 or thereafter (3) each of the above loans under each of the instant loan agreements by all the plaintiffs.

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