logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.06.10 2019가합521804
배당이의
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and Nonparty E’s establishment of the right to collateral security on the instant real estate (hereinafter “instant real estate”) and Nonparty E shared 1/2 shares of each of them on August 11, 2011, the Seocho-gu Seoul F Building No. 10 G (hereinafter “instant real estate”).

2) On the part of the lower court’s judgment, the lower court did not err by misapprehending the legal principles on the right to collateral security.

(2) On October 13, 2016, Defendant C Co., Ltd. (hereinafter “Defendant C”) lent KRW 50,000,000 to Nonparty I Co., Ltd. (hereinafter “I”) on July 28, 2016 and KRW 300,000 on September 30, 2016, respectively, the amount of the maximum debt, KRW 1,430,00,000, and KRW 771,60,000,000 to the Plaintiff and E. The Plaintiff and E agreed to each of the above loans owed to Defendant C as joint and several liability, while setting up a joint and several liability obligation with respect to the instant real estate as collateral, the amount of the maximum debt, KRW 650,00,00,000, and KRW 100,000,000 to the debtor, and KRW 10,000,000,00 as the debtor, and each of the joint and several liability amount.

B. On May 5, 2017, the Plaintiff filed an application for commencement of rehabilitation procedures with the Seoul Rehabilitation Court 2017dan10070 on May 5, 2017. The said court rendered a decision on commencement of rehabilitation procedures on September 18, 2017, a decision on authorization of rehabilitation plan on September 25, 2017, and a decision on termination of rehabilitation procedures on November 21, 2017 (hereinafter the said rehabilitation procedure referred to as “instant rehabilitation procedure”).

(2) According to the above rehabilitation plan approved on September 25, 2017 (hereinafter “instant rehabilitation plan”), the amount of claims for H’s rehabilitation security right is KRW 722,728,815 (principal: KRW 643,00,000; interest prior to commencement: KRW 14,026,195; interest prior to commencement: KRW 65,702,620); and the Plaintiff is prepared year (20), Section 1 of Chapter III of the instant rehabilitation plan.

2. According to the date of repayment, the specific date of repayment is December 30, 2017.

= 50% of the principal and interest prior to commencement (328,513,098) =

arrow