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(영문) 서울중앙지방법원 2015.09.25 2015가합521400
구상금
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

Basic Facts

On March 11, 2009, the Plaintiffs established a collateral security (hereinafter “instant real estate”) with respect to the real estate listed in the separate sheet owned by the Plaintiffs (hereinafter “instant real estate”) on the same day with respect to the debtor, the defendant, the mortgagee, the foreign exchange bank, the maximum debt amount, KRW 650,000,000,000 for the purpose of guaranteeing the defendant’s debt to the Korea Exchange Bank (hereinafter “Korea Exchange Bank”).

On November 24, 2010, the Defendant filed an application for commencing rehabilitation procedures with the Seoul Central District Court (2010dan167) and received a decision to commence rehabilitation procedures from the above court on December 23, 201, and implemented the rehabilitation plan after receiving the approval for rehabilitation plans on August 29, 201, the Defendant received a decision to terminate rehabilitation procedures from the above court on July 16, 2014.

(hereinafter “instant rehabilitation procedure”). The amount of credit of a foreign exchange bank, which was confirmed at the time of the instant rehabilitation procedure against the Defendant, was KRW 850,00,000,00,00 for rehabilitation security loan obligations, KRW 113,014,225 (principal KRW 98,626,406, interest prior to commencement, KRW 14,387,819), and KRW 822,00,000 for rehabilitation claims and guaranteed obligations.

According to the instant rehabilitation plan, with respect to the loan obligations of rehabilitation security rights to foreign exchange banks, the principal and interest accrued prior to commencement shall be repaid in full for the first year (2011), by applying the interest rate of 5.38% per annum to the principal and interest accrued prior to commencement of payment, by applying the interest rate of 5.38% per annum to the principal and interest accrued each year (2010) from the preparation year (2010) to the first year (2011) and the interest accrued each year from the first year (2011) shall be repaid in the first year (2011) and 76% of the principal and interest accrued prior to commencement of payment shall be exempted for the loan obligations of rehabilitation claims, and 20% of the amount to be repaid shall be repaid in installments every two years from the second year (2012) to the third year (2013) from the second year (2014) and 54% of the amount to be repaid in equal installments each year from the fourth year (2019 years) to the second year (20 years).

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