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(영문) 서울고등법원 2015.10.15 2014나2041306
회생채권조사확정재판에대한이의
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. The conclusion of each of the instant loan agreements and the establishment of pledge rights 1) F Co., Ltd. (hereinafter “F”).

(1) The Company G, in accordance with the resolution of the board of directors dated September 8, 201, decides to accept 16 million common shares issued by the Company G in accordance with the resolution of the board of directors on September 8, 201, and the amount of KRW 70 billion necessary to acquire the shares is Defendant (50 billion) and H (20 billion won; hereinafter “H”).

(2) On September 2, 2011, Defendant and H established a limited liability company, a special purpose company (hereinafter “I”) for the purpose of establishing “F’s loan, management, operation, and disposal of its loan and its incidental rights,” etc. for the smooth implementation of the said loan.

3) The Defendant and H agree to lend 70 billion won to I between September 8, 2011 (hereinafter “instant First Loan Agreement”).

1) A loan agreement between the Defendant and H on the same day (hereinafter referred to as “the second loan agreement of this case”) provides that the Defendant and H shall re-let the 70 billion won loan to F.

A) The Defendant, H through I, and I through F were carried out in succession in accordance with each of the instant loan agreements. Meanwhile, the part pertaining to the instant case in the instant loan agreement refers to the following (i.e., the “Borrower”; the “Borrower”; the “Borrower”; the “Defendant,” the “Person,” the “Person,” and the “Person,” respectively:

(1) If a borrower fails to pay the principal, interest, and other amounts due to the arrival of the date or the loss of the benefit of time as provided for in this Agreement, he shall pay to the lender the unpaid principal, interest, and other amounts payable at the rate of 19% per annum from the actual date of payment to the actual date of payment. The damages for delay shall be deemed one year and 365 days and shall be calculated based on the actual number of days elapsed. Article 10 shall apply.

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