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(영문) 수원지방법원 2015.12.08 2015가합60439
기타(금전)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. 1) B Co., Ltd. (hereinafter “B”)

A) Since its establishment by E around October 24, 1997, the company is a company that has engaged in the manufacture and sales business of automobile parts and various high-tension containers. B) filed an application for commencement of rehabilitation proceedings with the Suwon District Court 2009hap48 on July 3, 2009 due to financial difficulties. Around August 21, 2009, upon receipt of a decision to commence rehabilitation proceedings including appointment of a manager as E from the above rehabilitation court as E, and was decided to authorize the rehabilitation plan on August 18, 2010.

B. The Plaintiff and B’s conclusion of the M&A contract and 1) B attempted M&A from December 2013 to make it difficult for them to implement their independent rehabilitation plan, and made a public announcement of the sale of the company with the permission of the rehabilitation court. Article 4 (Contract Deposit)

1. On March 10, 2014, prior to the conclusion of this Agreement, Eul (referring to the Plaintiff; hereinafter the same shall apply) paid KRW 720,000,000 to the deposit account in the name of a rehabilitation company designated by Gap (referring to the “B” E; hereinafter the same shall apply) (referring to the “B”); and hereinafter the same shall apply) as a down payment to secure the implementation of this Agreement.

3.The down payment (including interest on occurrence, and excluding taxes and public charges) as provided in paragraph 1 of this Article shall be reverted to the rehabilitation company upon the termination of the contract due to the grounds as provided in the subparagraphs of paragraph 1 of Article 14 or other causes attributable to B.

In such cases, a pledge created on the deposit claim for the down payment shall be automatically extinguished.

However, where this contract is terminated without any cause attributable to B, A shall immediately return the down payment to B.

SECTION 5.(Deposit and Payment of Final Acceptance Price)

1. B shall deposit the full amount of the final acceptance price in the deposit account in the name of the rehabilitation company A designated by five business days before the meeting of interested persons is held to resolve on the revision of the rehabilitation proposal;

Article 6 (Submission of Revised Draft Rehabilitation Plan)

1. A shall promptly and as soon as possible after the conclusion of this Agreement.

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