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(영문) 서울중앙지방법원 2012.06.21 2011가합111393
회원보증금반환채무 부존재확인
Text

1. The serial number No. 1 to 100 of the annexed sheet against the Defendant (Counterclaim Defendant) of the Plaintiff (Counterclaim Defendant) is set forth in the annexed sheet No. 1 to 100.

Reasons

1. Basic facts

A. The relationship between the parties 1) The Plaintiff Company (hereinafter “Plaintiff Company”) was changed from the bilateral development of the Co., Ltd. to the Non-Uiju Sari-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri-ri (Sa-ri-ri-ri-ri-ri), May 6, 201, and September 5, 2011.

) In the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-si, Seocheon-do, Licheon-do, consisting of golf courses, contact degrees, hotels, skiing grounds, etc. (hereinafter “the instant Liart”).

(2) The Plaintiff Company was a subsidiary of the Defendant Company (hereinafter “Defendant Company”). Around October 16, 1997, the Defendant Company and its affiliates, both of which were subsidiaries of the Defendant Company (hereinafter “Co., Ltd.”) (hereinafter “Co., Ltd.”) were changed from both corporations to T&C Co., Ltd. on March 10, 2006, May 2, 2009, and both of which were changed before and after the change. Around October 16, 1997, the Plaintiff Company was treated as a subsidiary of the Defendant Company and T&C Co., Ltd. (hereinafter “Co., Ltd.”).

B. Commencement of company reorganization procedure and authorization of company reorganization plan for the Plaintiff Company 1) The Plaintiff Company is the Seoul District Court on May 19, 1998 (hereinafter “Settlement Court”).

(1) The company reorganization court filed an application for the commencement of the company reorganization procedure and the disposition of the preservation of its property, and the reorganization court made a decision on May 21, 1998 on September 10, 1998 on the commencement of the company reorganization procedure and appointed A as a manager of the company reorganization procedure (the above A was also appointed as a manager of the defendant company reorganization procedure).

2) On August 12, 1999, the receiver A established and submitted the reorganization programs to the Plaintiff Company, and on August 12, 1999, the reorganization court approved the reorganization programs to the Plaintiff Company on the same day (hereinafter “the first reorganization programs”).

3. The main contents of the first reorganization program in relation to the instant case are as follows:

Part III General Provisions of Section I of the Method of Change in Rights and Performance in respect of Security and Reorganization Claim

1. The terms;

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