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(영문) 서울중앙지방법원 2014.09.18 2014가합11678
회생채권조사확정재판에대한이의
Text

1. The plaintiff's claim is dismissed.

2. Seoul Central District Court 2012 Ma-3984 dated January 22, 2014 (2012 Ma185).

Reasons

1. Basic facts

A. The conclusion of each of the instant loan agreements and the establishment of pledge rights 1) H Co., Ltd. (hereinafter “H”).

(2) On September 2, 2011, J Bank and K established a limited liability company (hereinafter referred to as “L”) for the purpose of establishing a “management, operation, and disposal, etc. of loans to H and loans to H and its loans and rights incidental thereto” for the purpose of the smooth implementation of the said loans.

3) On September 8, 201, J Bank and K enter into an agreement with L to lend 70 billion won to L (hereinafter “instant First Loan Agreement”).

L entered into a loan agreement between J bank and K on the same day (hereinafter “instant second loan agreement”) with the effect that L re-loans KRW 70 billion from H to H (hereinafter “instant second loan agreement”).

Upon the conclusion of each of the instant loan agreements, J Bank and K executed L, from L to H, with a total of KRW 70 billion in succession. Meanwhile, the part related to the instant loan agreements in the instant case refers to L, “Borrower” and “J Bank and K” and “A” respectively, and detailed contents are as follows: (a) Article 7 (Late Damages) of the Loan Agreement does not perform the principal, interest, and other payable amounts due to the due date or due date’s loss of interest as provided in this Agreement. If the borrower fails to pay the principal, interest, and other amounts due to the due date’s maturity or due date’s loss of interest, the unpaid principal, interest, and other payable amounts shall be paid to the lender at the rate of 19% per annum from the relevant due date to the actual payment date. The damages for delay shall be calculated as of 365 days, and shall be calculated as at the date of actual lapse of the due date.

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