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(영문) 서울중앙지방법원 2014.09.26 2014가합11661

회생채권조사확정재판에대한이의

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1. Of the instant lawsuit, the Court shall dismiss the lawsuit on the part of KRW 75,212,221, which was reported and withdrawn as rehabilitation claims.

2...

Reasons

1. Basic facts

A. The conclusion of each of the instant loan agreements and the establishment of pledge rights 1) F Co., Ltd. (hereinafter “F”).

(2) On September 2, 201, G Co., Ltd. decided to accept 16 million common shares issued by the resolution of the board of directors on September 8, 201, and agreed to obtain a loan of KRW 70 billion from Defendant (50 billion) and H (20 billion). Defendant and H established an I limited liability company (hereinafter referred to as “I”) for the purpose of establishing “management, operation, and disposal of F’s loans and loans and rights incidental thereto” for the smooth execution of the said loan.

3) The Defendant and H agree to lend 70 billion won to I between September 8, 2011 (hereinafter “instant First Loan Agreement”).

1) A loan agreement between the Defendant and H on the same day (hereinafter referred to as “the second loan agreement of this case”) provides that the Defendant and H shall re-let the 70 billion won loan to F.

In accordance with each of the instant loan agreements, loans of KRW 70 billion in the aggregate amount from Defendant, H to I, and I to F were carried out in sequence according to the respective loan agreements of this case. On the other hand, the part pertaining to the instant loan agreements of this case relating to “Borrower” refers to “A,” “A,” “B,” “A,” “A,” and “A,” respectively.

The detailed contents shall be paid to the lender at the rate of 19% per annum from the due date to the actual payment date, when the borrower has failed to pay the principal, interest, and other amounts to be paid due to the arrival of the due date set forth in this Agreement or due to the loss of the benefit of the due date set forth in this Agreement. The delay damages shall be deemed one year and 365 days, and shall be calculated based on the actual number of days elapsed. The delay damages shall be calculated based on Article 10.