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(영문) 서울중앙지방법원 2015.05.07 2015가합513386
부인결정에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

2. Claim for denial by the Seoul Central District Court 2014No. 16 between the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. Status 1) The Plaintiff is a corporation D (hereinafter “D”).

(B) A special purpose corporation established on July 12, 2013 in order to raise funds necessary for the business of acquiring, managing, operating, and disposing of loans, bonds, or other rights and thereafter acquire, manage, operate, or dispose of such rights. (2) A debtor B corporation (hereinafter “B”) is a corporation operating business, such as management consulting, financial management, and credit management consulting, and is wholly owned by D.

3) D and B are E Co., Ltd. (hereinafter “E”).

) The FF Co., Ltd. (which later changed to G Co., Ltd.).

hereinafter referred to as “F”);

b) The Plaintiff and D entered into a loan agreement on September 6, 2013 with a maximum amount of KRW 60 billion, interest rate of KRW 8.43%, interest rate of KRW 19% per annum, and date of loan maturity as of December 6, 2013.

2) Accordingly, on September 6, 2013, the Plaintiff gave a loan of KRW 45,78,647,314 to D. D. D. In order to secure the above loan obligations against the Plaintiff on September 6, 2013, D created a pledge on KRW 19,48,500 (the base price at that time: KRW 3,060) of the E-stocks owned by the Plaintiff in order to secure the above loan obligations against the Plaintiff.

According to a contract establishing a pledge of shares with the Plaintiff and D, D bears the obligation to maintain the collateral ratio of 130% in the event that the collateral ratio of a loan on a specified day falls below 120% until the entire collateral obligation is extinguished.

(2) On September 23, 2013, the Plaintiff requested D to offer additional collateral for E shares owned by the Plaintiff. D to set up additional collateral for E shares 4,842,300, and requested B to offer additional collateral on September 25, 2013. 3) B to the Plaintiff as of September 25, 2013.

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