(영문) 서울중앙지방법원 2015.01.16 2014가단5153631

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(영문) 서울중앙지방법원 2015.01.16 2014가단5153631

채무부존재확인

Text

1.(a)

The principal obligation of A based on a loan agreement between A and the Defendant on March 25, 2005 is Japan based on January 3, 2014.

Reasons

1. Facts without dispute;

A. On March 25, 2005, the Defendant entered into a loan agreement with A in Korean currency option department, and set the interest rate of 169,000,000N LIBOR3 +3% per annum, 21% per annum, and the due date of repayment on March 25, 2006 (hereinafter “instant loan”).

After the due date, the repayment period has been extended to April 25, 2012 in sequence.

On March 24, 2005, the Defendant: (a) on the land for a factory in Kimpo-si, Kimpo-si; (b) on March 24, 2005, set the maximum debt amount of Japan 219,700,000 UN; and (c) the debtor A and the creditor as the defendant.

B. On July 26, 2011, A filed an application for rehabilitation with the Seoul Central District Court 201dan127, which was approved on June 4, 2012.

The parts relating to the defendant are as follows:

2,527,426,563 won (i.e., principal 2,482,256,869,69) and interest 206,469,366 won prior to the commencement of the contract and interest 2,73,89,69,929 won (i.e., interest 45,69,69,694 won prior to the commencement of the contract) shall be repaid; (ii) the principal and interest prior to the commencement of the contract shall be disposed of as security assets in cash in the first year (2012), and if the disposal of secured assets is known during the first year (2012), the sale of secured assets shall be entrusted with the permission of the Defendant court; and (ii) the interest accrued each year after the commencement of the contract shall be repaid at the rate of 6% of the outstanding principal, and the interest accrued after the commencement of the preparation year shall be repaid in the first year (2012).

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

1. Previous general rehabilitation plan: To sell a borrower's security and repay credit extended by no later than December 31, 2012: A repayment of credit extended by the borrower by selling the borrower's security until December 31, 2013;

2. The period of outflowout: Until December 31, 2013.

3. The normalization and extension of loan normalization: December 31, 2013.

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