(영문) 수원지방법원 2015.09.18 2014가합12075

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(영문) 수원지방법원 2015.09.18 2014가합12075

채권조사확정재판에 대한 이의의 소

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1. The plaintiff's claim is dismissed.

2. Suwon District Court No. 2014 dated August 21, 2014, No. 20129.

Reasons

1. Basic facts

A. (1) The agent C of the Plaintiff and New Co., Ltd. (hereinafter “debtor”) entered into an agreement on July 8, 2013 with respect to the raising of operating capital of the debtor company on the following grounds:

(hereinafter “instant agreement”). 1. The Plaintiff provides real estate owned by the Plaintiff in relation to the debtor company’s financing of its operating capital.

2. The debtor company uses real estate provided by the plaintiff as the operating fund of the debtor company.

3. The debtor company agrees to take over approximately KRW 2 billion of oil in the U.S. home page owned by the plaintiff within December 31, 2013 after the general meeting of shareholders.

(Provided, however, efforts shall be made to ensure that the value is at least two billion won. 4. A debtor company shall be given treatment equivalent to the representative director after the general meeting of shareholders.

5. The Plaintiff uses the pre-paid sales price of at least two billion won as a share purchase fund, and the purchased shares shall be owned by the Plaintiff and the debtor company together.

6. If the debtor company fails to meet the original location of the security of real estate or to prepare for an accident of real estate after the provision of the security (any matter that cannot normally be considered as the original location), the debtor company shall pay a approximately four billion won at the market price of real estate transactions in the bill to the plaintiff.

7. To dispose of bills immediately after the security of real estate is terminated;

(2) The obligor Company prepared a notarial deed with respect to promissory notes with a face value of four billion won issued pursuant to the above agreement and delivered it to the Plaintiff by a notary public under the Dasan Deed No. 779, 2013.

B. The debtor company (1) filed an application for rehabilitation procedures with respect to the debtor company on April 3, 2014 as the court 2014 Gohap33, and the above court decided to commence rehabilitation procedures with respect to the debtor company on April 25, 2014, and hereinafter referred to as "the case."

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