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(영문) 창원지방법원마산지원 2017.07.04 2016가단9233
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit transaction agreement with Korea Exchange Bank (hereinafter “Korea Exchange Bank”) as listed below.

The interest rate of KRW 170 million on February 14, 2006 for each subject on the date of the sequence 14, 2006, KRW 2.180 million on the change in the interest rate for the general loan for household loans of KRW 2.180 million on August 10, 2006, KRW 570 million on the aggregate of KRW 220 million on August 10, 2006.

B. The Plaintiff and C (the Plaintiff’s spouse) have set up each right to collateral security in the foreign exchange bank as listed below.

On February 14, 2006, the owner and the debtor of the real estate on the date of the No. 501, the amount of the maximum debt amount, the D building in Yongsan-si, Changwon-si, 303 (hereinafter “instant commercial building”), the plaintiffs 450,500,000 won joint security 2 Changwon-si, Masan-si, 2, 1301 (hereinafter “the instant apartment”) on August 10, 2006, the F building in Changwon-si, Changwon-si, 501 (hereinafter “the instant apartment”), C 65,00,000 won C, 173,836,757,757,602,602,794, the damages for delay on the interest subject prior to the commencement of principal on February 14, 2006, the total amount of KRW 365,750,3706,375,971,206,7947.

C. On March 16, 2007, the Plaintiff filed an application for commencing rehabilitation procedures with the Changwon District Court 2007dan2, and received a decision on April 13, 2007.

In the rehabilitation procedure, foreign exchange banks reported rehabilitation security rights (hereinafter “instant bonds”) as indicated below, and the Plaintiff agreed to KRW 380 million as rehabilitation security rights on the instant claims (hereinafter “instant rehabilitation security rights”) and KRW 21,610,154 as rehabilitation claims.

The plaintiff was decided to authorize the rehabilitation plan on December 11, 2007, and the part related to this case in the rehabilitation plan is as follows.

(hereinafter “instant rehabilitation plan”). 4. Possibility of implementing the rehabilitation plan;

(b) The annual plan for debt repayment shall be in the case below attached Table 1 "the plan for debt repayment".

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