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1. The request for intervention by an independent party intervenor shall be rejected;
2. The rehabilitation debtor solar construction company; and
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant’s status 1) The Busan Savings Bank was declared bankrupt on August 16, 2012, and on the same day, the Plaintiff was appointed as the bankruptcy trustee of the Busan Savings Bank Co., Ltd. (Seoul District Court 2012Hahap4, hereinafter “Plaintiff”).
(2) The Defendant, along with Daejeon New Town Development Co., Ltd., and urban life angle, performed the Daejeon 4 District Urban Development Project from around 207, 28 block, 30 block, and 41 block collective housing development project (hereinafter “instant project”).
B. Article 10-5 (Restrictions, etc. on Bearing Obligations and Furnishing Security) (1) of the Project Financial Agreements and Loan Agreements for the implementation of the Project in this case (the defendant, Daejeon New Development Co., Ltd., and Urban Community Co., Ltd.; hereinafter the same shall apply) may not bear obligations (including the guaranteed obligations) against others during the term of this Agreement without prior consultation with the lender.
except that the borrower is obligated to enter into the relevant contract, including this Agreement, and that the borrower is ordinarily liable for business activities (the amount shall be determined by consultation with the lender).
(2) The borrower shall not create any mortgage, pledge, or other security interest, over all or part of the current or future assets, to secure the obligation (including the guarantee obligation) of the borrower or a third party without prior consultation with the lender for the duration of this Agreement.
Article 10-7 (Matters of Special Agreement for Borrower) The borrower was the Plaintiff’s trade name at the time of entering into the first loan agreement, which was changed to Busan Mutual Savings Bank, but later to Busan Mutual Savings Bank.
Loans (including new loans other than existing loans as of the date of conclusion of this Agreement) from Busan 2 Mutual Savings Bank shall be extended under this Agreement.