양수금
1. As to the Intervenor succeeding to the Plaintiff:
A. Defendant A Co., Ltd.: KRW 16,719,243,511 and KRW 10,000,000 among them.
1. Basic facts
A. On June 3, 2008, Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a loan agreement with Korea Bank Co., Ltd. (hereinafter “Korea Bank”) and 15 financial institutions, including the Plaintiff’s succeeding Intervenor, etc. (hereinafter “Party A”), to raise funds necessary for Defendant A to carry out the business of newly building and selling multi-family housing at the size of 49,208.00 square meters of the total amount of the principal amount to the lender within the scope not exceeding 265 billion won, and the lender entered into a loan agreement with Defendant A to carry out the loan requested by Defendant A (hereinafter “instant loan agreement”).
The main contents of the instant loan agreement are as follows.
The interest rate for each interest period on the interest, overdue interest, and fee interest rate under paragraph (1) of Article 3 shall be the interest rate calculated by adding the additional interest rate to the standard interest rate determined on the date of determination of each interest rate.
The overdue interest rate under paragraph (2) shall be the overdue interest rate applied to the corporate general loan of the representative bank (referring to the Korean bank; hereinafter the same shall apply).
The following grounds under this Agreement as the grounds for non-performance of the obligation under Article 13 (1) shall constitute the grounds for non-performance:
(C) (A) The term "Bankruptcy" includes the following cases: (a) the Borrower (referring to the Defendant A; hereinafter the same shall apply) or the City Corporation (referring to the Promotion Company for the Company; hereinafter the same shall apply) becomes insolvent or insolvent; or (b) a Borrower or the City Corporation becomes bankrupt or becomes bankrupt;
(1) When a borrower or the contractor has filed an application for rehabilitation procedures, bankruptcy procedures, dissolution or liquidation procedures, procedures for structural improvement of a company, or any other procedures similar thereto under the Debtor Rehabilitation and Bankruptcy Act (a) the effect of the nonperformance of paragraph (2) occurs under any of the above causes of default.