채무부존재확인
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The summary of the case is the case seeking confirmation of the existence of an obligation, asserting that, according to an agreement between the Plaintiff (Rehabilitation Obligor) and the Defendant (Rehabilitation Secured Secured Claim), the rehabilitation obligation should be deemed not to have accrued due to the non-performance of the terms and conditions or the non-determined maturity until the remainder of the sales of the factory sold to a third party for the repayment of the rehabilitation obligation against the Defendant is paid.
On the premise of fact, on May 10, 2012, the Seoul Central District Court rendered a decision to commence the rehabilitation procedure against the plaintiff on May 10, 2012.
According to the above rehabilitation procedure’s rehabilitation plan finalized on September 25, 2012, the Plaintiff’s repayment obligation of KRW 16,240,474,410 (i.e., principal amount of KRW 16,159,116,877) was due (i.e., interest amount of KRW 81,357,533) prior to commencement of rehabilitation security right; 50% of the total principal and interest prior to commencement of commencement was due in cash for the second year (2014); and 50% of the remainder was due in cash for the third year (2015); and interest accrued from the first year (2012) from the year of preparation (2013) to the first year (2013) by applying the annual interest rate of KRW 6% for the principal and interest prior to commencement of the payment; and interest accrued from the second year (2013) to the year of preparation for the first year (2013).
The rehabilitation procedure against the plaintiff was completed on April 4, 2013.
On December 22, 2014, the Plaintiff, including the Plaintiff’s request for a revision to the repayment plan, sent a letter of public notice demanding a revision to the repayment plan (Selim No. 14-38266, Dec. 2, 2014) to the Defendant for a payment rate of KRW 201,042,260, which was made at the end of 2014 under the rehabilitation plan, due to the difficulty in securing cash liquidity due to the real estate market erosion, etc., arising from operating a factory located in the Section 42 (hereinafter “measures plant”) at the time of Sejong City’s postponement of the repayment plan for seven months from the end of December 2014 to the end of June 2015.