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1. The instant lawsuit is a decision to discontinue the bankruptcy procedure as of August 31, 2017, Suwon District Court 2016Hadan218.
Reasons
1. Facts of recognition;
A. around August 2012, A opened and operated a dat-gu class (hereinafter “instant dat-gu class”) and decided to operate the instant dat-gu class at the rate of 50:50 shares from February 25, 2015 to February 25, 2020.
B. A and the Defendant agreed to terminate the club business of the instant stable class on April 2015, and agreed to settle the Defendant’s facility investment amounting to KRW 63 million and agreed to pay KRW 3,300,000 per month to the Defendant from May 2015 to March 2016.
C. On April 3, 2015, A transferred to the Defendant the claim for the refund of the lease deposit against E (hereinafter “claim for the refund of the lease deposit of this case”) on April 3, 2015, in order to secure the repayment of the said installment amount to the Defendant.
(hereinafter “transfer of claim of this case”) D.
From May 2015 to December 2015, the Defendant was paid KRW 26.4 million in installments for eight months from May 2015 to KRW 2,6.4 million, and on January 18, 2016, the Defendant was paid KRW 30 million in the remainder of the lease deposit excluding the unpaid rent from E.
E. A was declared bankrupt by the above court on September 27, 2016, and the Plaintiff was appointed as a trustee in bankruptcy on the same day on the same day. A was appointed as a trustee in bankruptcy on January 18, 2016, upon filing an application for bankruptcy and immunity with the Suwon District Court 2016Hadan218, 2016Ha218 on January 18, 2016.
(f) On August 21, 2017, Suwon District Court 2016, the application for immunity was withdrawn. (f) On August 21, 2017, Suwon District Court 2016, the application for immunity was withdrawn.
(g) On August 31, 2017, the Suwon District Court announced the above decision after making a decision to discontinue the bankruptcy in the bankruptcy proceeding of this case. On November 10, 2017, the above court announced the discontinuation of bankruptcy on the ground that there is an obvious error in the above bankruptcy decision on November 10, 2017.