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(영문) 대전지방법원 2018.04.04 2017가합101700
회생담보권조사확정재판에 대한 이의의 소
Text

1. The Daejeon District Court shall authorize the judgment in claim allowance proceedings for rehabilitation security rights rendered on December 8, 2016, 2016.

2. The costs of lawsuit shall be.

Reasons

Basic Facts

The Plaintiff is a legal entity established pursuant to the A Banking Act, and the B (hereinafter “B”) was separated from the Defendant who was the party to the decision after the decision was rendered to commence rehabilitation procedures, and was decided to commence rehabilitation procedures on February 26, 2016, Daejeon District Court 2016 Ma5002.

The Plaintiff implemented multiple loans of KRW 500,000,000 on May 30, 2014, KRW 500,000 on October 2, 2015, KRW 200,000 on loan to B, and KRW 200,000 on November 9, 2015. As of February 2, 2016, the Plaintiff’s total loans of KRW 2,163,020,00 on loan to B are KRW 2,163,00.

(hereinafter “instant loan claim”). On October 1, 2015, B entered into a contract with D Co., Ltd. (hereinafter “D”) for the purchase of goods with the content that “56,500,000 won” was produced and supplied to KRW 455,210,80 (hereinafter “instant purchase contract”) and the contract amount on January 12, 2016 was changed to KRW 455,210,80.

On March 18, 2016, the Defendant supplied the instant house to D, and issued an electronic tax invoice with the total amount of KRW 455,210,800 on March 25, 2016.

On October 2, 2015, Plaintiff B entered into a contract under which B transferred KRW 1,00,000,000 among the claims against D to secure the instant loan claim between the Plaintiff and the Plaintiff (hereinafter “instant transfer contract”), and notified Plaintiff of the transfer of the claim to D on the same day.

B The Plaintiff reported KRW 603,225,626 to this court as the amount of rehabilitation security right after the commencement of the rehabilitation security right B’s rehabilitation security decision. However, there is a defect in the purport that the Defendant denies this as there is no object of security, and thus, the Plaintiff’s objection as a rehabilitation claim. In May 20, 2016, the judgment for confirmation of rehabilitation security right was rendered on May 20, 2016.

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