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(영문) 서울중앙지방법원 2018.07.19 2017가합39530
부당이득금반환청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The panty house Co., Ltd. (hereinafter “panty house”) filed an application for commencing rehabilitation procedures with this court on August 12, 2014, and this court rendered a decision to commence rehabilitation procedures on August 19, 2014.

(Court 2014 Gohap10098) b).

On October 16, 2015, this Court rendered a decision to authorize the panty rehabilitation plan (hereinafter “instant rehabilitation plan”).

The contents related to the instant case in the instant rehabilitation plan are as follows.

Part II Summary of the rehabilitation plan, Section C of the rehabilitation plan, a summary of the financial resources for repayment, change of rights and methods of repayment

8. Pursuant to Articles 212 and 214 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Bankruptcy Act”), the following company will be established by dividing the debtor’s panty house by split-off.

[Contents of Division] Part III Section 9 Section 9 Section 9 of the Act on the Establishment, Management, and Additional Repayment of Account after the completion of the rehabilitation procedure after the completion of the rehabilitation procedure after the split-off of pan-house asset management by the split-off-off-off-off-off-off-off-off-off-based corporation, pan-house electronic and communication equipment manufacturing-transfer-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off-off

1. The estimated amount of cash reimbursement for the anticipated amount of cash reimbursement in the account at Sk if the amount of cash reimbursement is not specifically determined among bonds reported as of the date on which the draft rehabilitation plan was submitted, or if the timing for cash reimbursement is not determined, among bonds reported as of the date of submission of the draft rehabilitation plan, will be deposited in the account at Sk;

The amount deposited in the Scro account shall be repaid by the end of the following month from the date on which the amount of the claim to be repaid is fixed.

2. The maintenance and deposit of Escro accounts in the bankruptcy proceedings of a surviving company after division;

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