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(영문) 수원지방법원성남지원 2014.08.12 2013가합3213
채무부존재확인
Text

1. Rehabilitation claims against the Defendant (Counterclaim Plaintiff) Hyundai P&C Co., Ltd are worth KRW 5,235,681,808 and the said money.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1.The following facts may be found either in dispute between the parties or in full view of the respective entries in evidence Nos. 4, 5, and 6 (including serial numbers; hereinafter the same shall apply) and the whole purport of the pleadings:

Hyundai P&C Co., Ltd. (hereinafter referred to as “N&C”) is a company that engages in the manufacture, sale, etc. of various paints, and B Bank (hereinafter referred to as “B Bank”) is a company that engages in credit installment business.

B. On Nov. 19, 2009, B Bank entered into a credit transaction agreement with the non-party corporation, Youngdong Holdings Co., Ltd. (hereinafter “non-party company”). On the same day, Hyundai P&C entered into a comprehensive collateral guarantee agreement with the non-party company on the same day, and set the limit in KRW 6 billion.

(hereinafter “instant neighborhood guarantee contract”). C.

On May 15, 2013, Hyundai P&C was decided to commence rehabilitation proceedings with the Seoul Central District Court 2013 Mahap79, and the Plaintiff was appointed as a custodian.

In addition, B Bank was declared bankrupt on April 30, 2013 by Seoul Central District Court 2013Hahap55, and the defendant was appointed as bankruptcy trustee.

At the time of May 15, 2013, the date the rehabilitation decision was rendered, the principal of the loan of the non-party company against the non-party bank was KRW 3,352,943,630, and the interest rate was KRW 1,882,738,178.

E. Within the inspection period of the rehabilitation claim against Hyundai P&C, the Defendant reported the root guarantee obligation under the instant probation guarantee contract (hereinafter “instant root guarantee obligation”) as a rehabilitation claim, and the Plaintiff raised an objection to the said rehabilitation claim on the ground that the lawsuit is in progress.

(Serial Number) The objection to the amount of claims to be reported shall be the principal of the loan obligation of the non-party company 3,352,943,630 3,352,942,943,630 630,630,630.

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