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(영문) 서울고등법원 2016.09.22 2016나6851
회생채권조사확정재판에대한이의
Text

1. The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

Suwon District Court on August 2012

Reasons

1. Basic facts

A. 1) The Plaintiff is a person operating a lending company with the trade name “ Q.” 2) The Defendant was a company with the purpose of corporate customer management agent business, information and communications, and value-added telecommunications service business, and was decided to commence rehabilitation procedures from the Suwon District Court on June 30, 201 upon filing an application for commencing rehabilitation procedures on the grounds of debt excess on May 18, 2011 (see, e.g., Supreme Court 201Mo522).

C was appointed as the defendant's custodian on the same day by the above rehabilitation court.

B. On August 10, 201, the Plaintiff, including the Plaintiff’s report on rehabilitation security rights, asserted as follows in the above rehabilitation procedures against the Defendant, and reported the Defendant’s loan worth KRW 1.5 billion and interest or delay damages at the rate of KRW 2.5% per month, as rehabilitation security rights. The custodian C denied the entire amount of the above rehabilitation security rights reported by the Plaintiff.

1) The Plaintiff lent to the Defendant KRW 1.5 billion on December 28, 2010, and KRW 1.5 billion on December 29, 2010 for approximately 60 days, the first month of interest was determined at KRW 3.5% on the first month, KRW 3.5% on the following one month, and KRW 18,00 on February 18, 201 on the due date (hereinafter “instant primary loan”).

) As a security, the Seoul Yeongdeungpo-gu Seoul Metropolitan Government D and E Ground 10 buildings owned by the Defendant (hereinafter “instant F buildings”)

(1) The maximum debt amount of KRW 1.950 million may be set up and the blank checks issued by the Defendant, blank bills, etc. (hereinafter “instant security”).

(2) On March 17, 2011, the Plaintiff received interest from the Defendant regarding the instant first loan until February 25, 2011. (2) The Plaintiff was provided with KRW 500 million, which was collected from the Defendant, to transfer the term deposit claim against the Savings Bank to the Savings Bank. On March 25, 2011, the Plaintiff completed the registration of creation of a mortgage over the second priority priority of the maximum debt amount of KRW 2 billion (hereinafter “instant mortgage”). On the same day, the Plaintiff additionally paid KRW 1 billion to the Defendant on the same day.

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