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1. The plaintiff (Counterclaim defendant)'s main claim is dismissed.
2. Gold Petroleum Chemical Co., Ltd. on March 13, 2012 at this Court.
Reasons
1. Facts of recognition;
A. The claim and debt relationship between the Plaintiff and the Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) 1) Korea Long-term Credit Bank Co., Ltd. (Merger with Plaintiff on December 31, 1998) borrowed money from around 198 to Defendant (Co., Ltd. prior to the change of trade name) from October 28, 1991 to Defendant (Co., Ltd.) at the rate of 14.9375% per annum, interest rate of 19375% per annum, interest rate of 19% per annum, interest rate of 19% per annum, interest rate of 19% per annum, and loan period of 15% per annum. At that time, the Defendant’s representative director at the time guaranteed all the Defendant’s obligations to the Plaintiff, as well as as as secured 15 lots of land (hereinafter “instant land”).
As to the Plaintiff, the right to collateral security (hereinafter referred to as the “mortgage”) with a maximum claim amount of KRW 2.7 billion in the future shall be deemed the lower claim amount.
(2) The Suwon District Court approved the reorganization plan on March 2, 1992 on several occasions since the company reorganization procedure for the defendant was commenced around 1991, and on January 27, 2005, 5.4 billion won out of the security against the defendant (determined bond amounting to KRW 7,751,616,289) against the defendant was paid in cash, and the remaining 2,351,616,289 won was finally approved, and the plaintiff was paid 5.4 billion, and the above company reorganization procedure was completed on November 11, 2005.
B. The claim and obligation relationship between Geumho Petroleum Chemical Co., Ltd. and the Defendant 1) Hannam Chemical Co., Ltd. (Shoho Petroleum Chemical Co., Ltd.) was merged with Geumho Petroleum Chemical Co., Ltd. on January 1, 2001; hereinafter “gold Petroleum Chemical Co., Ltd.”).
(2) From around 1984, the term “this case’s contract” means a contract under which the Defendant processed and re-processed and re-supplys raw materials provided by the Defendant and the Defendant (hereinafter “instant contract”).
After the conclusion of the contract, it has continued to be renewed until October 30, 2010.2) The gold chemical is the defendant that occurs under the instant contract for forest processing.