회생채권조사확정재판에 대한 이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Facts of recognition;
A. Status B Co., Ltd. (hereinafter “Defendant”) is a corporation, the purpose of which is to provide tourism and recreation services, such as golf clubs, even though it was D at the time of its establishment on January 12, 199, but its trade name was changed to I Co., Ltd. on March 29, 2004, and B Co., Ltd. on March 20, 2010; hereinafter “before mutual change, whether later or later.”).
B. The Plaintiff’s money lending 1) At the time, upon the request of the Defendant’s representative director H to grant a loan to the Defendant necessary for the Defendant’s successful bid of the golf course located in the J of the Y in Busan-si, and on May 31, 199, the Plaintiff lent KRW 300 million to the Defendant (hereinafter “instant loan”) or “the instant loan”).
(2) At the time, the Plaintiff and the Defendant agreed to repay the Plaintiff’s loan by transferring the Defendant’s shares at a successful bid to the Plaintiff. However, the Plaintiff and the Defendant agreed to pay the Plaintiff’s loan interest at a rate of 10% per annum due to the difficulty in transferring the shares.
3) On June 24, 2000, the Plaintiff transferred KRW 80 million out of the instant loan claims to E. (c) The Defendant paid the Plaintiff KRW 140 million in total with the repayment of the instant loan amounting to KRW 80 million on June 10, 200, and KRW 20 million on December 31, 200, and KRW 40 million on September 20, 2002.
2. In addition, on June 19, 2000, the Defendant established the right to collateral with respect to the real estate at a golf course with the maximum debt amount of KRW 300 million on the Plaintiff, and completed additional registration changing the said right to collateral as follows, after the Plaintiff’s assignment of assignment of claims and partial repayment of the Defendant
The amendment of the contents of the right to collateral security on July 20, 200 to E on July 20, 200, by changing the part of the right to collateral security following partial transfer of KRW 80 million to E on October 17, 2002 to KRW 160 million of the maximum debt amount.
D. 1) The Defendant, on October 7, 2016, filed an application for commencing rehabilitation procedures with the Jeonju District Court 2016 Ma128, supra. 2) The Jeonju District Court (hereinafter “Rehabilitation Court”).