logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.02.13 2014가합16086
주권발행등
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of the lawsuit, including those resulting from the participation, shall be all included.

Reasons

1. Basic facts

A. 1) Status A Co., Ltd. (formerly: Company E) was a mutual savings bank that runs the business of receiving credit installment savings, deposits, and installment savings, and Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).

) A company engaged in broadcasting business, cultural service business, etc. was established on April 7, 201 (Article 1, 1, 2, 2). Meanwhile, F Co., Ltd. (hereinafter “F”) is a company engaged in real estate development business, etc. and B (hereinafter “B”) is a company engaged in public golf course establishment and operation business.

(A) No. 1-3, 4). (b)

A’s credit loans to F entered into a credit transaction agreement with F on April 6, 201, 23 billion won per annum, interest rate of 10% per annum (22% per annum), and on April 6, 2012 after the expiration date of the credit period, A loaned 21 billion won to F on the same day.

(A) Evidence No. 2, A No. 5-1, C.

On July 27, 2012, F entered into a contract with the Defendant Company to transfer 1.2 million shares (ordinary shares, 5,000 won per share, hereinafter “instant shares”) issued by the Defendant Company to pay a loan of KRW 23 billion, and notified the Defendant Company of the fact that the said shares were transferred to A on the same day.

(Evidence A, Nos. 3, 4).

A (1) On April 30, 2013, A was declared bankrupt by the Seoul Central District Court 2013Hahap54 on April 30, 2013, and the Plaintiff was appointed as the bankruptcy trustee (Evidence A 1-1-2) B on the same day, upon filing an application for commencing rehabilitation procedures with the Daejeon District Court 201hap39 on November 16, 2012, A was decided to commence rehabilitation procedures from the above court on December 26, 2012. The representative director C was appointed as the debtor administrator of B on the same day, and then resigned on October 16, 2014, and D was appointed as a new custodian and taken over the instant lawsuit as the defendant assistant intervenor.

A No. 1-4, .

arrow