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(영문) 광주지방법원 2016.05.24 2015가단515887
배당이의
Text

1. Of the distribution schedule prepared on June 16, 2015 by this Court with respect to the case of G real estate auction in the Gwangju District Court B.

Reasons

1. Basic facts

A. 1) National Bank Co., Ltd. (hereinafter “National Bank”)

) The Education Agent for the Corporation (hereinafter referred to as the “Korea Education Agent”).

In order to secure a claim against Daehan, the Korean Education Institute on October 24, 2001 and the real estate listed in the separate sheet No. 1, automatic winning devices, leap electricity, etc. (hereinafter collectively referred to as “instant real estate, etc.”).

A) As to the instant real estate, the lower court concluded a mortgage agreement that provides a total of KRW 890 million with the maximum debt amount, and around that time, concluded the mortgage agreement on the instant real estate, etc. (hereinafter “mortgage”).

(2) On November 30, 2010, the Plaintiff is a company that acquired the instant collateral security claim against the education company of the National Bank via the Yonhap Asset Management Company.

B. On October 24, 2008, the Korean Education Company filed an application for commencement of rehabilitation procedures with the Gwangju District Court 2008hap22 on October 24, 2008, and the above court rendered a decision to commence rehabilitation procedures on December 10, 2008 and rendered a decision to authorize rehabilitation plans on September 9, 2009 (hereinafter “instant rehabilitation plan”).

(2) Of the content of the instant rehabilitation plan, the part relating to rehabilitation security rights recognized to a national bank is as follows.

Part III General Provisions of Section A of the Method of Repayment and Alteration of Rights on Rehabilitation Security Rights and Rehabilitation Claims

1. The term "interest prior to the commencement" as referred to in (1) means interest, overdue interest, delay damages, etc. accruing from rehabilitation security rights and rehabilitation claims until the day preceding the commencement of the company's rehabilitation procedures ( December 9, 2008) which is fixed as at the time of inspection or special inspection date;

(2) The term “interest after commencement” means the interest accrued from the date of the decision on the commencement of rehabilitation procedures for the company (2 December 10, 2008) to the time when the principal repayment for rehabilitation security rights and rehabilitation claims is completed.

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