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(영문) 서울동부지방법원 2015.07.17 2014가단26775
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On August 4, 2011, the Plaintiff filed an application for corporate rehabilitation with the Seoul Central District Court No. 20129, Aug. 21, 2012, 201, when he/she was appointed as a representative director on August 4, 2011, who is a non-party B-1 shareholder, and was dismissed on September 20, 2012 (before dismissal, he/she filed an application for corporate rehabilitation with the Seoul Central District Court No. 20154.

On October 31, 2012, the rehabilitation company was appointed as a joint manager of B (B-2, B-7; hereinafter referred to as “B”) and was solely mortgaged on July 20, 2012 with a claim amounting to KRW 50 million on one of the D-si vehicles owned B (hereinafter referred to as “instant taxi”), and with a claim amounting to KRW 50 million.

B. On July 17, 2013, B (the representative E was the state of application for corporate rehabilitation at the time of application for corporate rehabilitation) on September 20, 2012

On September 21, 2012, after being appointed as the representative director of the Seoul Southern District Court on July 15, 2013, a joint manager was appointed on September 21, 2012. On February 27, 2013, after the decision to discontinue the above rehabilitation procedure was made, the director retired on June 7, 2013, and was reappointed on July 5, 2013. On June 26, 2013, the inside director G filed an application for provisional disposition to suspend the performance of duties, such as the representative director, with the Seoul Southern District Court 2013Kahap495, and on December 2, 2013, the representative director was suspended from performing his/her duties until March 7, 2014, and the general taxi transport business (hereinafter referred to as “license license, business license”) and the total amount of the instant taxi transferred or acquired to 180 million won (hereinafter referred to as “180 million won”).

(c) In the column for special agreement of each certificate of transfer of a motor vehicle attached to the application for registration of transfer of the above 71 taxi, the attachment and provisional attachment other than the collateral security established on the record of this motor vehicle shall be limited to those established by the date of the contract.

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