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(영문) 서울중앙지방법원 2015.12.17 2015가합14100
회생채권조사확정재판에 대한 이의
Text

1. On April 24, 2015, Seoul Central District Court Decision 2014 Preliminary 51 dated April 24, 2015 shall be amended as follows:

Reasons

1. Basic facts

A. A corporate rehabilitation debtor foundation A (hereinafter “debtor foundation”) is a foundation established for the purpose of establishing and operating a medical institution, and D is a person registered as a representative director in the debtor foundation registry from August 31, 2005 to February 3, 2009 and has overall control over the affairs related to the new construction of an E hospital (F hospital) while working as the chief director.

B. On April 12, 2006, the Defendant entered into a lease agreement to lease a pharmacy of the first floor of E Hospital, where the debtor foundation was newly built, with the amount of KRW 300 million (hereinafter “instant lease agreement”) and the period of lease from May 31, 2006 to five years (hereinafter “instant lease agreement”), remitted KRW 300 million to the account in the name of D, and received receipts in the name of D from D on the same day.

C. As the Defendant was unable to operate a pharmacy under the instant lease agreement due to the completion of the hospital’s construction, it filed a criminal complaint against D, and D was prosecuted for violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. of the said Act, and was sentenced to a conviction of one year and six months on January 8, 2010.

[Seoul Southern District Court 2009Gohap38, 89, 90, 481 (Joint)] D.

G agreed to take over the management rights of the debtor foundation between H, who is the representative of the debtor foundation, in the middle of July 2009, after having agreed to take over the management rights of the debtor foundation. On the 29th of the same month, G prepared an agreement on the change of officers and the acceptance of duties, and was appointed as the

E. On August 26, 2009, G prepared and sent to the Defendant a letter of default on obligations under the name of the debtor foundation (hereinafter “instant letter of default”) stating that he/she would repay KRW 250 million to the Defendant by December 20, 2009.

F. Meanwhile, on the other hand, on December 10, 2012, the filial gardens, a creditor of the debtor foundation, filed an application for commencing rehabilitation procedures with respect to the debtor foundation as Seoul Central District Court 2012 Mahap246, and the rehabilitation procedures for the debtor foundation (hereinafter “instant rehabilitation procedures”) began on March 19, 2013.

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