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(영문) 서울중앙지방법원 2016.12.22 2015가합576806
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

2. Seoul Central District Court 2014 Mao-1351 dated November 6, 2015

Reasons

1. Basic facts

A. On July 24, 2013, the Plaintiff entered into a monetary loan agreement (hereinafter “instant monetary loan agreement”) with the effect that the Plaintiff shall set up a pledge on the ten-dimensional membership of a golf club operated by B (70 million won in total, and seven billion won in total), with the interest rate of KRW B and KRW 2.5 billion per annum and due date on January 24, 2014.

B. The Plaintiff paid KRW 2.5 billion to B in accordance with the instant monetary loan agreement, and B opened 10 million membership in a golf course in the name of G, which is a party to the Plaintiff.

C. On January 24, 2014, B failed to perform the obligation to pay the principal and interest of the loan to the Plaintiff even after the maturity date arrives. Accordingly, on January 28, 2014, the Plaintiff and B agreed to extend the maturity date of the instant monetary loan agreement to March 24, 2014, and to pay the principal in installments each month from the extended maturity date to August 24, 2014.

In addition, on January 29, 2014, B created the right to collateral security (hereinafter “instant right to collateral security”) with respect to the land and its ground (hereinafter “instant real estate”) of HH and 185 parcels owned by B as the secured obligation, with respect to the loan debt against the Plaintiff on the land and its ground (hereinafter “instant real estate”). D.

On the other hand, on June 2, 2014, I and eight members of a golf course creditor B, who are members of the golf course, filed an application for commencing the rehabilitation procedure for B with the Seoul Central District Court 2014 Mahap117, and the said court appointed C as the manager of B, upon making a decision to commence the rehabilitation procedure for B on July 4, 2014.

In addition, on September 9, 2016, the custodian was changed to the defendant.

E. Within the reporting period, the Plaintiff reported rehabilitation security rights with the purport that the right to claim the repayment of loan amounting to KRW 2.5 billion against B, interest prior to commencement, KRW 90,136,91, and interest accrued at KRW 20% per annum after commencement is secured by the instant collateral security right, and the custodian C.

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