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(영문) 수원지방법원안양지원 2015.08.13 2015가단5796

배당이의

Text

1. A distribution table prepared by the same court on April 6, 2015 with respect to the case of voluntary auction application B filed with the Suwon District Court inside the district court.

Reasons

1. Facts of recognition;

A. The Plaintiff is engaged in plastic withdrawn and gold-type production with the trade name of “C”.

B. The Plaintiff entered into a comprehensive mortgage agreement with the Industrial Bank of Korea as to ① KRW 1.7 billion on March 2, 2006, the maximum debt amount of KRW 1.7 billion on March 30, 2007, ② KRW 400 million on August 10, 2009, regarding KRW 14,000,000,000 on the land and buildings located in E and other two parcels of land, E during the period of Ansan-gu, Seoul, and received loans from the Industrial Bank of Korea as collateral.

C. On October 25, 2012, the Plaintiff received a decision on commencing rehabilitation procedures from the Suwon District Court to 2012dan83.

In rehabilitation procedures, the Industrial Bank reported the principal and interest of loans of KRW 2,741,954,110 (the principal and interest of KRW 2,663,450,207 prior to commencement of the rehabilitation procedure). The Plaintiff reported the amount of KRW 2,248,54,160 (the principal and interest of KRW 78,503,90) equivalent to the real estate value assessed among them as rehabilitation security rights, and the remainder of KRW 493,409,950 (the principal and interest of KRW 414,906,047 prior to commencement of the rehabilitation procedure) was confirmed as rehabilitation claims.

On November 18, 2013, the Plaintiff was decided by the Suwon District Court to authorize the rehabilitation plan.

On the other hand, the defendant acquired the bonds from the Industrial Bank of Korea on April 16, 2013, and completed the necessary procedure such as reporting the alteration of creditors to the rehabilitation court.

The main contents of the rehabilitation proposal approved by the Plaintiff (hereinafter “instant rehabilitation plan”) related to this case are as follows:

(1) Obligations for changing any right to rehabilitation security rights and rehabilitation claims and obligations for leasing any rehabilitation security right according to Section 2 of the method of repayment, as well as obligations for changing any right to rehabilitation security rights;

(a) The obligations for leasing the debtor's rehabilitation security rights and the details of changes therein shall be as follows:

The sum of interest accrued from the commencement of the interest accrued prior to the commencement of the principal of the creditor registration number in the list of the total amount reported on the change in the amount of claims as at the time of the separate investigation period shall be 2,248,54,160 - 2,248,544,160-1.