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(영문) 서울중앙지방법원 2015.05.29 2014가합581979
양수금
Text

1. The Plaintiff:

A. From May 1, 2014 to November 21, 2014, Defendant A’s KRW 228,544,463 as well as its related amount:

(b) the defendant.

Reasons

1. Facts of recognition;

A. On February 9, 2009, Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) entered into a loan agreement with Defendant A, setting the loan limit of KRW 1,00,000,000, and the loan period of KRW 1,000 from February 9, 2009 to February 9, 2014, with the interest rate of KRW 200,000,000, and the loan period of KRW 17,000, and the loan period of KRW 17, 2010 from September 17, 2010 to March 17, 201, each credit sales credit loan agreement was concluded between Defendant B and Defendant B by setting the loan rate of KRW 1,00,00,00,00, and the Defendants offered the credit sales bonds held by Defendant C (hereinafter “C”) as collateral.

(hereinafter “instant loan”). A loan agreement with Defendant A was extended to KRW 1,500,000 on June 5, 2009.

After that, the Defendants lost the benefit of time due to the delinquency of interest on the instant loan.

Since December 30, 2011, the interest rate on the instant loans after December 30, 201 is 17% per annum.

B. On November 29, 2012, Gyeongnam Bank transferred the instant loan claims to the Plaintiff, and notified the Defendants of the instant loan claims twice on November 30, 201 and December 3, 2012.

C. On October 16, 2012, prior to the assignment of the above assignment, the rehabilitation decision was rendered by the Changwon District Court 2012 Joint 41 regarding C.

(hereinafter “instant rehabilitation procedure”). The total amount of claims initially reported by the Gyeongnam Bank during the instant rehabilitation procedure is KRW 14,504,437,636, and the total amount of interest 2,317,275,109 prior to the commencement of the rehabilitation procedure is KRW 16,821,712,745.

After that, the amount recognized as a rehabilitation security right after the debtor's objection procedure is KRW 15,256,461,157, including the principal amount of KRW 14,504,437,636 and interest KRW 752,023,521.

The amount of the above rehabilitation security right includes KRW 1,122,083,934, interest 189,520,450, and interest 116,532,268, interest 17,868,094, and 1,4666, and746, in total, the amount of the loan principal of Defendant A, which occurred until the rehabilitation procedure of this case begins.

was recognized as a rehabilitation security right.

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