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(영문) 수원지방법원 2020.09.16 2019가합27911
부인의 소
Text

1.For E Co., Ltd.:

A. As to the shares listed in the separate sheet on June 27, 2017, Defendant C and A Co., Ltd.

Reasons

Basic Facts

[Ground for Recognition: The fact that there is no dispute, the statement in Gap's No. 1 through 7, the purport of the whole pleadings] The debtor's dispute resolution committee (hereinafter referred to as the "debtor") was the "Fund in charge of the dispute resolution" on December 4, 2018.

(1) On June 27, 2017, the pledgee concluded a pledge agreement of KRW 684 million with respect to the common shares of KRW 1,300,00 (the par value of KRW 5,000 per share) (hereinafter “the first contract”) of the common shares of the non-party company (hereinafter “non-party company”). On June 28, 2017, the pledgee entered into a pledge agreement of KRW 2,73,600,000 with respect to the non-party company (hereinafter “the non-party company”) and notified the non-party company of each contract on September 7, 2017 and September 11, 2017.

On August 17, 2018, the debtor filed for bankruptcy and was declared bankrupt on May 22, 2019, and the Suwon District Court 2018Hau1047 and the plaintiff was appointed as the bankruptcy trustee of the debtor.

On October 21, 2019, the debtor company holds 112,50 shares out of the above shares.

The indication of claim against the defendant company: The second contract constitutes a act of offering the shares of the non-party company in most of the debtor's assets as collateral to the defendant company, which is a specific creditor, in excess of the debtor's liabilities, and thus constitutes a biased act, the plaintiff denies it pursuant to Article 391 subparagraph 1 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter "the Debtor Rehabilitation Act").

Therefore, the defendant company has a duty to notify the non-party company that the contract was denied on November 21, 2019, which is the date of delivery of the complaint, and the validity of the contract was lost.

The grounds: The judgment on deeming confessions (Article 208(3)2 of the Civil Procedure Act) (Article 208(3) of the Debtor Rehabilitation and Bankruptcy Act) that is the act subject to avoidance as prescribed by Article 391 subparag. 1 of the Debtor Rehabilitation and Bankruptcy Act against Defendant C, the "act that the debtor knows that it would inflict damage on the bankruptcy creditors" is the general property of the debtor

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