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(영문) 서울중앙지방법원 2015.05.01 2014가합564196
약정금
Text

1. The Defendant’s KRW 2,650,00,000 and the Plaintiff’s annual rate of KRW 6% from August 1, 2012 to September 15, 2014.

Reasons

1. Basic facts

A. On December 6, 2002, the Plaintiff entered into a contract with the Korea National Housing Corporation, the largest creditor who is the Defendant’s major shareholder, the Korea National Housing Corporation, the Defendant’s joint bankruptcy trustee A, B, and the Defendant to acquire the Defendant’s existing shares, investment-in-kind shares, and real estate not sold to a third party, for the purpose of acquiring the right to separation from the Korea National Housing Corporation.

(B) The first transfer contract of this case (hereinafter “instant transfer contract”). The first transfer contract of this case received 132,490,048,740 won from the Plaintiff, respectively, and collected 224,626,912,783 won in total from the Defendant after receiving reimbursement of KRW 84,334,272,00 for the estate claim 84,372,000. In particular, the Plaintiff agreed to pay the difference to the Korea National Housing Corporation in the event that the auction price, etc. was not actually accepted by the Plaintiff due to an auction, etc. which was already in progress, even if the Plaintiff was disposed of to a third party due to the establishment of the right to separation, and the auction price was less than the above acquisition price, etc.

The "Plaintiff Manager" (hereinafter referred to as the "Plaintiff Manager") of the plaintiff's joint management of the reorganization company

On October 23, 2003, the former Company Reorganization Act (amended by Act No. 7428, Mar. 31, 2005) notified the Korea National Housing Corporation and the Defendant that the transfer contract of this case was rescinded pursuant to Article 103(1) of the former Company Reorganization Act.

C. On November 26, 2003, the Korea National Housing Corporation, the defendant, and the administrator of the plaintiff are "the agreement of this case".

The agreement was concluded with the same content as above.

The Korea National Housing Corporation, the defendant, and the administrator of the plaintiff are the main contents of the agreement of this case.

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