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(영문) 서울중앙지방법원 2015.03.18 2014가합45596
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The summary of the instant case is the case seeking confirmation against the Defendant, who is the debtor, acquired the rehabilitation security right of Han Bank Co., Ltd. (hereinafter “ Han Bank”), on or after January 1, 2013, that the interest obligation does not exist in excess of 4% per annum, which is the beginning of the interest rate.

On March 18, 2009, the plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2009 Mahap56 on April 17, 2009 and received a decision to commence rehabilitation procedures on April 17, 2009, and the rehabilitation plan was issued on November 18, 2009.

The rehabilitation procedure was completed on May 7, 2012.

Among the authorized rehabilitation plan, etc., the contents related to the rehabilitation security rights (the first secured mortgage on B apartment 211 Dong 1904, Dong 1904, located in Seoul, Gangnam-gu and four lots) obligations of Han Bank located in the city of the plaintiff are as follows:

Part III General Provisions of Section A of the Method of Performance and Change of Rights on Rehabilitation Security Rights and Rehabilitation Claims

1. The definitions of terms used in the main rehabilitation plan shall be as follows:

The term "preliminary year" means from the commencement date of rehabilitation procedures ( April 17, 2009) to December 31, 2009.

(c) “First Year” means from January 1, 2010 to December 31, 2010, which is the year following the year following the year of preparation, and the year following the second year shall be in order;

1. It shall be from January 1 to December 31 of the same year;

(e) The term "interest after the commencement of rehabilitation procedures" means interest and delay damages incurred in relation to the principal unpaid from the date of commencement of rehabilitation procedures ( April 17, 2009) to the time the principal repayment of rehabilitation security rights, rehabilitation claims, etc. is completed;

2. The principal and interest to be repaid under the rehabilitation plan which is due date for the corresponding year shall be repaid on December 30 of the corresponding year (Provided, That if the date is a holiday of a financial institution, the immediately preceding business day).

8. When repayment is not performed, the repayment of obligations under the present rehabilitation plan shall be performed on the date of repayment.

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