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Reasons
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(영문) 서울중앙지방법원 2015.12.22 2015가합535072
손해배상(기)
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1. The Defendant’s KRW 491,813,534 as well as the Plaintiff’s annual rate from January 4, 2013 to June 11, 2015, and the following.

Reasons

1. Facts of recognition;

A. On August 28, 2012, the Plaintiff took out a loan of KRW 2,00,000 from the Defendant as a general loan (hereinafter “instant loan agreement”) with a loan of KRW 2,00,000 from the Defendant (hereinafter “instant loan agreement”).

A) At the Defendant’s request, the ordinary deposit passbook (Account Number 067-04-13-002253-5, hereinafter “instant deposit account”) is separate from the deposit passbook.

(2) On September 3, 2012, the Plaintiff opened a deposit account of KRW 3,00,000 as a general loan (hereinafter “instant loan agreement”) and changed the payment account of the Plaintiff’s claim for construction cost against the Korea Environment Corporation into the instant deposit account, and created a mortgage over the maximum debt amount of KRW 3,00,000,000,00 in total, over the maximum debt amount of KRW 74-18, 9,345 square meters (hereinafter “instant collateral”).

B. On October 22, 2012, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court on October 22, 2012, and received a decision to commence rehabilitation procedures as the above court 2012 Gohap206 on November 2, 2012. (2) The Defendant reported KRW 4,802,529,290 as rehabilitation security right on November 29, 2012.

The Plaintiff admitted the value of the instant collateral to KRW 2,953,020,000 as a rehabilitation security right, and decided that the amount exceeds KRW 1,849,509,290 as a rehabilitation claim.

The defendant did not raise any objection to the result of the plaintiff's rehabilitation security right rejection, and thus the defendant's rehabilitation security right and rehabilitation claim were confirmed as above.

3) In accordance with the rehabilitation plan as of July 12, 2013 and the revised rehabilitation plan as of December 11, 2014, the Plaintiff repaid the Defendant the amount of KRW 3,196,577,984 as cash payment for rehabilitation security rights, and KRW 107,84,724 as cash payment for rehabilitation claims, and repaid the remainder of claims into equity swap. 4) The Seoul Central District Court decided to terminate the rehabilitation procedure with the Plaintiff on April 20, 2015.

C. The Defendant’s instant case.

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