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(영문) 광주지방법원 2015.11.19 2015가합55160
집행문부여에대한이의의소
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 July 29, 2014, the Plaintiff filed an application for rehabilitation with the Gwangju District Court (hereinafter “Rehabilitation Court”) for rehabilitation to 2014 combined 5008 (hereinafter “instant rehabilitation procedure”).

On August 28, 2014, the rehabilitation court decided to commence rehabilitation proceedings against the plaintiff on August 15, 2014, and E was appointed as a joint management person D and the plaintiff's representative director.

The Plaintiff’s debt details attached to the Plaintiff’s application for a commencement order of rehabilitation procedures prepared and submitted by the Plaintiff on July 29, 2014 are as follows: (a) a limited liability company (mutually and organizational change FF changed its organization to FF on November 16, 2010; and (b) a limited liability company F changed its trade name to B on November 19, 2010; (c) a limited liability company was changed to B on November 19, 2010. The former trade name: FF (hereinafter “B”); (d) a debtor prepared and submitted to the rehabilitation court the same content is also stated in the list of rehabilitation creditors.

B. As a result of the report on rehabilitation claims, etc. and the inspection of claims, the reporting period for rehabilitation claims, etc. against the Plaintiff was from September 12, 2014 to September 25, 2014; and the inspection period was set from September 26, 2014 to October 15, 2014. There was no objection against the Plaintiff’s above loan claim amounting to KRW 7,00,000,000 against the Plaintiff until the said inspection period expires.

On October 15, 2014, the administrator prepared a copy of the rehabilitation claim and other rehabilitation court on the condition that the total amount of the above loan claims against the plaintiff of the plaintiff of the plaintiff of B is the time limit.

C. On October 16, 2014, B reported subsequent completion of the rehabilitation claim of KRW 9,719,305,000 in the instant rehabilitation procedure. On November 28, 2014, the said custodian reported subsequent completion of the rehabilitation claim of KRW 9,719,305,00 in the instant amount, and denied KRW 2,019,30,300 in the said amount on the ground that “The share purchase price of the shares in consideration of the reported amount shall be denied and the purchase price of the shares in consideration of the reported amount shall be denied.”

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