채권조사확정재판에 대한 이의의 소
1. On August 11, 2014, Daejeon District Court approval for the final claim inspection judgment of bankruptcy No. 2012, 2012.
2. The costs of lawsuit shall be.
1. Basic facts
A. On December 20, 2006, the Defendant subscribed to subordinated bonds from Daejeon Mutual Savings Bank, Daejeon Mutual Savings Bank (hereinafter “ Daejeon Mutual Savings Bank”), entered into a bond acquisition contract with the effect that the amount equivalent to KRW 40,000,000 (hereinafter “instant bond acquisition contract”) out of the total amount of KRW 5 billion issued by Daejeon Mutual Savings Bank from Daejeon Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”). On the same day, the Defendant paid KRW 40,000,000 to Daejeon Mutual Savings Bank (hereinafter “instant bond acquisition contract”).
The main contents of the bond acquisition agreement of this case are as follows.
Article 2 (Terms of Issuance of Bonds) The terms and conditions of issuance of bonds issued by Daejeon Mutual Savings Bank shall be as follows:
1. The name of bonds: Daejeon Mutual Savings Banks of Daejeon, Daejeon Mutual Savings Banks;
2. Type of bonds: Subordinated bonds in bearer form; and
4. Issuance price of bonds: 100% of the face value of each bond;
5. Interest rate of the debentures: 8.5% per annum (interest shall be paid after three months);
7. Period of maturity of bonds: Article 3 (Repayment Terms, etc.) (5 years and seven months in repayment period) (4) of the Special Agreement junior special agreement;
1. In the case of bankruptcy, where bankruptcy proceedings commence due to the declaration of bankruptcy against the Daejeon Savings Bank prior to the repayment period under this contract, the bondholder of this bond shall receive repayment or distribution pursuant to the bankruptcy proceedings only when the following conditions are met:
(Conditions of Suspension) In cases where all other claims except for debentures under this Agreement and bonds with the same conditions as those referred to in subparagraphs 1 through 3 of this paragraph have been repaid (including deposits) or distributed to the full amount of such claims in the bankruptcy proceedings such as compulsory composition proceedings, etc., 5 subordinates' obligations
1. Prohibitions on Change of Disadvantages: each provision of this Agreement does not change to the disadvantage of the creditors in preference to the bondholders of the debentures.
2. senior creditor: senior creditor under this contract;