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(영문) 서울중앙지방법원 2015.06.12 2015가합513409
부인결정에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

2. Between the Plaintiff and the Defendant, the Seoul Central District Court 2014 replys against the denial.

Reasons

1. The facts subsequent to the facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2, 3-1 to 3, Gap evidence No. 4-1 to 3, Gap evidence No. 5 to 8, 10, Eul evidence No. 1, Eul evidence No. 2-1, 2, Eul evidence No. 3-7, Eul evidence No. 8-1 and Eul evidence No. 8-2.

A. Status 1) The Plaintiff is Dongyang Co., Ltd. (hereinafter “Dongyang”)

(i) Lending funds to a special purpose corporation established on July 12, 2013 in order to raise funds necessary for the acquisition, management, operation, disposal, etc. of loans, bonds, or other rights; and (ii) the Dongyang Securities Co., Ltd. (hereinafter referred to as “ Dongyang Securities Co., Ltd.”)

(ii) the obligor, Yangyang International Inc. (hereinafter referred to as “Dong Yang International”) is a company that carries on business such as management consulting and financial management, and credit management consulting, and that is wholly owned by Dong Yang.

3) A East and East-in mutual vote shall be East-in stock and East-in cement Co., Ltd. (hereinafter referred to as “Dong-in cement”).

B) A loan of KRW 26,290,960,597 to Dongyang on September 13, 2013 belongs to the same group with 59 domestic and foreign companies as affiliated companies. The Plaintiff loaned KRW 26,290,960,597 to Dongyang as the loan interest rate of KRW 9.01%, the overdue interest rate of KRW 19% per annum, and the loan maturity of December 13, 2013 (hereinafter “instant loan”).

(c) The Round International’s Round created a pledge for the instant loan, which is the amount calculated by the rate of 0.7% per annum on the stock issued by the Plaintiff with respect to the shares issued by the same retictic as the security of the instant loan and the fees therefor, to be paid from 11,725,000 out of September 13, 2013, and 2,209,600 out of September 25, 2013, each Plaintiff created a pledge for the instant loan (hereinafter referred to as “instant pledge”).

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