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(영문) 수원지방법원 2019.04.23 2018가단514428
청구이의
Text

1. The defendant's judgment against the plaintiff is based on the table of rehabilitation creditors of Suwon District Court 2016 Gohap1003.

Reasons

1. Facts of recognition;

A. On December 18, 2015, the Plaintiff entered into a contract with the Defendant to entrust the operation of the Seocho-si Cri (hereinafter “instant resort”) owned by the Plaintiff to the Defendant (hereinafter “instant entrusted operation contract”). Accordingly, the Defendant operated the instant resort from around that time to November 19, 2017.

B. On February 1, 2016, the Plaintiff filed an application for commencement of rehabilitation procedures on February 1, 2016, and the decision to commence rehabilitation procedures was rendered on March 7, 2016 by Suwon District Court 2016hap1003. (2) On June 20, 2016, the Defendant filed a subsequent report on KRW 15,629,564 with the Suwon District Court on June 20, 2016.

3) On June 14, 2017, the Plaintiff’s administrator raised an objection against the above claim on the special inspection date. However, in the final inspection judgment following the Defendant’s application, the Suwon District Court rendered a decision to confirm that the Defendant’s rehabilitation claim against the Plaintiff is KRW 15,971,834 (hereinafter “instant rehabilitation claim”).

(2) The rehabilitation claim of this case is confirmed and entered in the table of rehabilitation creditors (hereinafter “instant table of rehabilitation creditors”).

(4) On July 21, 2017, the Suwon District Court decided to terminate the rehabilitation proceedings against the Plaintiff.

C. On April 3, 2018, the Defendant issued a seizure and collection order regarding KRW 16,002,434 among the Plaintiff’s deposit claims against Suwon District Court 2017TTT 116576, designating the list of rehabilitation creditors of this case as the executive titles.

Around January 2017, the Plaintiff asserted that the Defendant did not perform its obligations under the instant consignment management agreement against the Defendant as E institution arbitration F, and filed an application for arbitration seeking the order of the instant resort. (2) Around January 2017, the Defendant filed a claim against the Plaintiff for arbitration seeking the order of the instant resort.

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