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(영문) 서울고등법원 2017.10.20 2017나2011900

청구이의

Text

1. The judgment of the court of first instance is modified as follows.

Seoul Central District Court 2009dan52.2.

Reasons

Basic Facts

On May 1, 2009, the Plaintiff filed an application for rehabilitation with the Seoul Central District Court 2009dan52, and the Plaintiff was deemed a custodian upon the decision to commence rehabilitation on May 27, 2009.

(hereinafter “instant rehabilitation case.” The Defendant reported the Plaintiff’s secured collateral claim (hereinafter “instant claim”) during the instant rehabilitation procedure.

The plaintiff's rehabilitation plan was authorized on November 1, 2010 and finalized around that time, and the main contents of the approved rehabilitation plan are as follows:

Part III General Provisions of Section A of the Method of Performance and Change of Rights on Rehabilitation Security Rights and Rehabilitation Claims

1. The definitions of terms used in the main rehabilitation plan shall be as follows:

(e) The term "interest after the commencement" means the interest, overdue interest, delay damages, etc. accrued on rehabilitation security rights and rehabilitation claims by not later than the date on which a decision on commencement of rehabilitation procedures (27, 2005) is confirmed as time limit for inspection and special inspection date;

4. Order of appropriation for performance;

A. The order of appropriation of rehabilitation security rights and rehabilitation claims after the date of authorization of the rehabilitation plan shall be the principal, interest prior to commencement, and interest prior to commencement in order of the commencement.

(b) Where it is impossible to fully repay the claims for the current year due to the shortage of financial resources for repayment, repayment shall be made in proportion to the principal of rehabilitation security rights and the principal of rehabilitation claims in the order of the predetermined amount for repayment for the current year, and if there is any balance, repayment shall be made in proportion to the interest prior to commencement of rehabilitation security rights and the interest prior to commencement of rehabilitation claims in the order of the predetermined amount for repayment for the

8. If it is impracticable to repay an outstanding amount pursuant to the present rehabilitation plan when the repayment is not performed, the unpaid amount shall be repaid by applying the overdue interest rate of the foreign exchange bank loan to the actual date of repayment from the day following the due date to the actual date of repayment.

SECTION 2.