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(영문) 서울고등법원 2015.09.17 2015나542
회생담보권조사확정재판에 대한 이의
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

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

(2) The term “E”, “E”, “E”, “B”, and “F” (hereinafter referred to as “F”) are affiliated companies belonging to the D Group with the purpose of issuing electronic short-term bonds (as set Sheet-Terd) based on the underlying assets of the credit against D in order to raise funds for loans to D.

B. 1) I Co., Ltd. (hereinafter “I”) (hereinafter “I”) loans to D.

B) On July 29, 2013, a loan agreement was concluded between D and D by setting a lending limit of KRW 60 billion (hereinafter “I loan agreement”).

On the same day, D loaned KRW 60 billion upon D’s request for loan implementation. At the time of the I Loan Agreement, D offered E-stocks owned by it as collateral, and requested B to offer collateral as additional collateral was required. B provided as collateral on July 29, 2013, and the contract to establish a collateral was terminated on August 2, 2013.

Meanwhile, according to the agreement with D, B received fees of KRW 1,227,625, which is the amount calculated by the rate of 0.7% per annum from July 29, 2013 to August 2, 2013 for the value of the said stocks in relation to the said provision of collateral from D.

C. The Plaintiff entered into a loan agreement with D on September 6, 2013, setting the lending limit of 60 billion won, maturity date of 60 billion won, and 8.43% per annum on December 6, 2013 (hereinafter “instant loan agreement”).

(2) On September 6, 2013, D granted a pledge of KRW 19,448,50 (the base price at the time of 3,060) that it held against the Plaintiff in order to secure the above loan obligations against the Plaintiff.

The plaintiff and D's contract to establish a pledge of shares is less than '.'

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