배당이의
1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff (Counterclaim Defendant).
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. From June 25, 2009 to May 28, 2010, F, a major shareholder of a debtor for rehabilitation of F’s guarantee obligation A (hereinafter “Rehabilitation Company”), was jointly and severally guaranteed for KRW 2 billion in total of the loans owed to the Defendant of the rehabilitation company from June 25 to May 28, 2010.
B. The Defendant’s provisional attachment of F-owned real estate: (a) filed an application for provisional attachment against F with respect to F-owned real estate of KRW 2,049,092,603 square meters of the guaranteed bond against F-owned property as the preserved right; (b) the building of KRW 1,643 square meters of the Nam-gu Busan Metropolitan City gas station site and 3 square meters of its ground; and (c) the road of KRW 10 square meters of the E-road (hereinafter “each of the instant real estate”); and (d) the above court made a provisional attachment decision on November 24, 2010; and (e) the provisional attachment registration of each of the instant real estate was completed on November 25, 2010.
C. (1) On November 17, 2010, the rehabilitation company filed an application for the commencement of rehabilitation procedures with the Busan District Court 2010 Ma24, which decided on the commencement of rehabilitation procedures on December 21, 2010, and on May 30, 2012, the court decided to authorize the rehabilitation plan as follows (hereinafter “instant rehabilitation plan”) submitted by the Plaintiff, and on June 14, 2012, the authorization decision became final and conclusive.
The main contents of the rehabilitation plan - The rehabilitation company provides F's real estate as security to be supplied with oil from the Hyundai Myk Bank, and if real estate is sold by auction due to the F's bankruptcy, the rehabilitation company is likely to seriously obstruct the business of the rehabilitation company due to the lack of oil supplied by the Hyundai Myk Bank.
- The rehabilitation company will take over the F’s assets equivalent to F’s KRW 6.8 billion and the liabilities equivalent to KRW 7.7 billion and pay F’s secured creditors and secured creditors’ claims under the rehabilitation plan of the rehabilitation company, and F’s unsecured claims will be assumed together by F and the rehabilitation company.
- Loans 1,947,611,065,065 against the defendant of the rehabilitation company.