회생담보권조사확정재판에 대한 이의
1. The Seoul Central District Court shall authorize the judgment in claim allowance proceedings for rehabilitation security rights on June 9, 2014.
2...
1. Basic facts
A. The Dongyang Group is a business group consisting of 59 affiliated companies domestically and overseas, including Dongyang (hereinafter “Dongyang”), A Co., Ltd. (hereinafter “Cyyang”), Dongyang cement Co., Ltd. (hereinafter “Dongyang Securities Co., Ltd.”), Dongyang Securities Co., Ltd. (hereinafter “Dongyang”) and Dongyang Leisure Co., Ltd. (hereinafter “Dongyang Marine Co., Ltd”).
B. On July 29, 2013, the Plaintiff entered into an agreement on a loan with a maximum of 60 billion won on October 28, 2013, under which the loan interest rate of 8.17% per annum (19% per annum) was to be granted, and provided a loan of 60 billion won at the request to implement the loan of the Dongyang.
(hereinafter referred to as "the loan of this case"). At the time, Dongyang set up a pledge on the 19,745,066 shares of the Dongyang Cement which are owned by it as collateral for the above loan of this case, and the rehabilitation company has set up a pledge on the 5,056,234 shares of the Dongyang Cement which are owned by it as collateral for the above loan of this case.
C. At the time, the rehabilitation company agreed to receive fees of 0.7% per annum of the value of the stock as a guarantee fee for stock offering from the same amount each month, and accordingly, received the payment of 1,227,625 won (=1,27,625 won per annum of the value of stock appraisal (5,056, 234 won per annum 3,165 won) as a guarantee fee for the period (4 days) until August 29, 2013, which is the date of the offering of security, until August 29, 2013).
Since then, the said pledge right to shares was terminated on August 2, 2013 due to the expiration of the establishment period, and on August 13, 2013, the tax amount of KRW 122,762 on the said fee was paid separately.
(A) No. 13-3. D.
On the other hand, if, at the time of the contract to establish a pledge of shares as of July 29, 2013, Dongyang, the borrower, has fallen below 120% until the entire secured obligation is extinguished, it provides the Plaintiff with additional secured shares.