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(영문) 서울중앙지방법원 2014.12.04 2014가합37366
회생담보권조사확정재판에 대한 이의
Text

1. The Seoul Central District Court shall authorize the final inspection judgment of rehabilitation security rights (2013da2622) dated June 9, 2014.

2...

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is a corporation D (hereinafter “D”).

(2) The term “E”, “E”, “E”, “B”, and “F” (hereinafter referred to as “F”) are affiliated companies belonging to the D Group, with the purpose of issuing electronic short-term bonds (as set Sheet-Terd) based on their underlying assets, with the aim of raising funds for loans to D and raising loans to D.

B. The Plaintiff and D’s primary loan agreement 1) F, as the Plaintiff’s business trustee and the caretaker, sold approximately KRW 156.9 billion electronic short-term bonds issued by the Plaintiff to investors who entered into a specified money trust agreement with F. 2) The Plaintiff loaned the sales proceeds of electronic short-term bonds sold by F to D.

On July 29, 2013, the Plaintiff entered into a loan agreement between D and D by setting a loan limit of 60 billion won (hereinafter “the first loan agreement”). On the same day, the Plaintiff borrowed 60 billion won at D’s request.

At the time of the first loan agreement, D provided the Plaintiff with E-stocks owned by it as collateral, and requested the offer of collateral in B as additional collateral is required.

3) On July 29, 2013, B created a pledge for E shares owned by B with respect to the Plaintiff on July 29, 2013, and the said pledge agreement expired on August 2, 2013. Meanwhile, B was paid KRW 1,27,625, an amount of money calculated at the rate of 0.7% per annum from July 29, 2013 to August 2, 2013 with respect to the said provision of collateral from D (i) the Plaintiff entered into a second loan agreement with D on September 6, 2013 with respect to the loan amount of KRW 60 billion, and KRW 60 billion per annum on December 6, 2013 with respect to the loan amount of KRW 84,43% per annum (hereinafter “the loan agreement”).

2. E share price around September 24, 2013.

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