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(영문) 서울중앙지방법원 2014.08.28 2014가합11340

회생채권조사확정재판에 대한 이의의 소

Text

1. Revocation of the final claim inspection judgment rendered by Seoul Central District Court No. 2012 Pertaining4322;

2. The defendant's debtor.

Reasons

1. Basic facts

A. E Co., Ltd. (hereinafter “E”) is the executor of the instant project, and G Co., Ltd. (hereinafter “G”) is the executor of the instant project, and E is a special purpose corporation of G.

B. On December 28, 2011, E entered into a loan agreement with the National Bank of Korea (hereinafter “National Bank”) to obtain a loan of KRW 25 billion from the Defendant, and KRW 20 billion from the Defendant to carry out the instant project. G, the contractor of the instant project, was jointly and severally guaranteed the loan obligations against the said lender.

C. The debtor A Co., Ltd. (hereinafter “A”) concluded a fund supplement agreement (hereinafter “the instant fund supplement agreement”) with the Defendant on the same day in which A would supplement the shortage to the Defendant in the form of a loan if there is a lack of repayment of the principal and interest related to the instant loan between the Defendant and the Defendant.

The main contents are as follows:

(B) The terms used in this Arrangement as defined in Section 1 of the Fund Supplementary Agreement shall have the same meaning as defined in the PF Loan Agreements, unless otherwise specified in this Arrangement. A, E, the Borrower and the Agency shall mean the Defendant, the Agency, the Bank, and its detailed contents shall mean the Securities Company A, and the terms used in this Arrangement shall have the same meaning as defined in the PF Loan Agreements.

1. The term "corporate bill" means a commercial paper which a borrower has generated as stated in the plan for the issuance of corporate bills in the attached Form;

4. "Supplementary funds" means funds made up to the borrower in accordance with this Agreement, the principal and interest of corporate bills issued by the borrower and other expenses to be paid by the borrower in principle.

Section 2. The person filling the funds required for the supplementation of the funds shall be the borrower as provided in this Arrangement.