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(영문) 서울중앙지방법원 2016.09.29 2016가단5014723
환매 정산대금 등 청구
Text

1. The Defendant’s KRW 49,017,417 as well as the Plaintiff’s KRW 6% per annum from August 29, 2015 to February 4, 2016.

Reasons

A. The content of the asset acquisition agreement (hereinafter “instant asset acquisition agreement”) was entered into, and the main content of the instant asset acquisition agreement is as follows:

Article 1 (Base Date) The principal transferred asset transferred by the defendant to the plaintiff on November 20, 2014 shall satisfy all of the following conditions:

1. That the amount of transferred assets under an agreement which has been duly concluded by a person authorized to conclude the agreement and remains effective shall have occurred;

2. It shall not fall under any of the following items in relation to the transferred asset:

(a) Where a lawsuit is pending (other than a lawsuit for extension of prescription);

(b) Where the transferred asset becomes ineffective due to the grounds such as invalidation, cancellation, cancellation, termination, etc. of the transferred asset;

(c) Claim (excluding the case where there is a guarantor due to the renunciation of inheritance and the qualified acceptance) of the debtor's death (excluding the case where there is a guarantor): *OPB: The outstanding principal balance as of the base date; 118; 472,096,551; 243,35,720 won (in the case of individual rehabilitation: 91; 398,529,523; 217,018,132; 54.45% and credit recovery: 27; OPB7,567,028; 26,37,588; 35.80%) and 11(1) of the Plaintiff's revocation of the qualified transfer agreement or the Plaintiff's revocation of the decision to commence the rehabilitation procedure; and 35.80% of the purchase and sale rate) where the Plaintiff's application is not made for the revocation of the qualified transfer agreement or the cancellation of the decision to commence the rehabilitation procedure.

In addition, when a lawsuit between the debtor and the court is pending pursuant to the prior decision, the redemption can be made even when it is in progress.

The amount of redemption shall be determined by calculating the individual amount of redemption according to the trading ratio by each bond under Article 5 (1).

Provided, That the completion of extinctive prescription and individual rehabilitation after the base date.

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