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(영문) 서울고등법원 2015.11.26 2015나2018211
채무부존재확인
Text

1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

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

Reasons

1. Basic facts

A. On March 18, 2009, the Plaintiff filed an application for commencing rehabilitation procedures with the Seoul Central District Court 2009hap56 on April 17, 2009 and received a decision to commence rehabilitation procedures on April 17, 2009, and the rehabilitation plan approval order was issued on November 18, 2009.

The rehabilitation procedure was completed on May 7, 2012.

B. Among the authorized rehabilitation plan, such as the approved rehabilitation plan, the content related to the rehabilitation security rights of one bank that is located in the city of the plaintiff (the first-class collective security right on B apartment located in Gangnam-gu and four parcels, 211 Dong 1904), shall be 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. Where it is impracticable to repay an amount due under the rehabilitation plan as at the date of repayment when the repayment is not performed, rehabilitation security rights and rehabilitation claims shall be repaid by applying the minimum overdue interest rate for corporate general funds loans of one bank on the date following the date on which the repayment is due and the actual date of repayment.

Section B. Change of rights and method of repayment for rehabilitation security rights

1. Rehabilitation security rights;

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