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(영문) 서울고등법원 2018.09.13 2018나2030489
회생채권조사확정재판에 대한 이의
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Facts of recognition;

A. On April 24, 2013, the Defendant entered into a loan agreement with the limited liability company on the date of happiness (hereinafter “the date of happiness”), whereby the Defendant loaned KRW 150 billion (20 billion loan, KRW 80 billion loan, KRW 30 billion loan, KRW 50 billion loan, and KRW 40 billion) to the vehicle on the date of happiness, and the Defendant jointly and severally guaranteed the Defendant’s obligation owed by the date of reproduction pursuant to the above loan agreement on the same day.

B. The Seoul Central District Court decided to commence rehabilitation procedures (hereinafter “instant rehabilitation procedures”) with respect to a debtor on January 7, 2015 in the rehabilitation case 2014 Gohap100212, and decided to appoint a debtor’s manager and appoint a representative director as a debtor’s manager, and the reporting period of rehabilitation claims from January 22, 2015 to February 5, 2015. The reporting period of rehabilitation claims was from February 6, 2015 to February 27, 2015.

C. On February 5, 2015, the Defendant submitted the “the rehabilitation security right and the report on rehabilitation claims” to the above court. On the foregoing report, the Defendant stated that “1. The name of the documents attached to the actual system is “the details of the report on rehabilitation security right and the report on rehabilitation claims” (hereinafter “report on rehabilitation security right”; hereinafter “the report details”) was attached to the report details.”

(hereinafter “First Report.” However, the detailed statement of report does not contain the content of the Defendant’s guarantee claim [the principal 63,811,210,50 won and interest 431,818,328 won prior to the commencement of the contract, 431,818,328 won (the principal 63,81,210,50 won and the principal 63,81,818,328) for the Defendant’s joint and several liability under paragraph (1). However, although the detailed statement of report does not contain any description of the industrial operating loan (the joint and several liability and the obligation to supplement funds for the happiness vehicle; hereinafter “instant guarantee claim”), the detailed statement of report is “a list” as stipulated under sub-paragraph

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