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(영문) 서울중앙지방법원 2015.04.02 2014가합48199
회생담보권조사확정재판에 대한 이의
Text

1. The Seoul Central District Court shall authorize the final inspection judgment of rehabilitation security right No. 2014.43 dated August 25, 2014.

2...

Reasons

1. Facts of recognition;

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

(C) A special purpose corporation established on July 12, 2013 in order to raise funds necessary for the business of acquiring, managing, operating, and disposing of loans, bonds, or other rights, and to raise funds for such business. (2) A debtor joint-based personal corporation (hereinafter referred to as “joint-based personal corporation”) is a corporation engaging in business such as management consulting, financial management, claims management consulting, etc., and the same amount owns all the issued stocks.

3) A East and East-in mutual aid company (hereinafter referred to as “ East-in mutual aid company”)

(2) Does Securities Co., Ltd. (hereinafter referred to as “Does Securities”)

b) The Plaintiff and Dongyang concluded a loan agreement on September 6, 2013 with a maximum amount of KRW 60 billion, interest rate of KRW 8.43%, interest rate of KRW 19% per annum, and date of loan maturity as of December 6, 2013.

2) Accordingly, the Plaintiff extended KRW 45,778,647,314 to the Dongyang on September 6, 2013. (c) Dongyang International’s neighboring pledge 1) on September 6, 2013, in order to secure the above loan obligations to the Plaintiff, the Plaintiff created a neighboring pledge on the shares of the Dongyang Cement 19,448,50 (the base price at that time: 3,060 won) owned by the Plaintiff.

According to the contract establishing a pledge of shares of the Plaintiff and Dongyang, if the collateral ratio of the loan on a specified day falls below 120% until the entire secured obligation is extinguished, the obligation to maintain the collateral ratio of the loan 130%.

(Article 6). 2) After that, the value of the shares of the winter cement has decreased, and the plaintiff demanded additional security to the East.

In September 23, 2013, the East Cement shares owned by the Plaintiff are added to 4,842,300 shares.

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