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(영문) 서울고등법원 2016.11.10 2015나2062546
채권조사확정재판에 대한 이의의 소
Text

1. The judgment of the court of first instance is modified as follows.

Suwon District Court No. 2013 202 dated February 7, 2014

Reasons

1. Basic facts

A. The Plaintiff’s lease and the Plaintiff’s offering of security for A Co., Ltd. leased money to A Co., Ltd. (hereinafter “A”) companies operating semiconductors and electronic apparatus design, manufacture and sale business, and real estate rental business as follows. The Plaintiff received from A the “instant land” and the “building site and building” in Sungnam-si, Sungnam-si, Sungnam-si (hereinafter “instant land”) as security.

2,552,648,00 won in total, 14,206,95 won in total, 2,566,854,955 won in total, the principal of the loan at the time of loan (excluding interest accrued after the commencement) shall be 7,59,413 won in total, 10,074,542 won in total, 51,748 won in total, 10,126,268,190 won in total, 37,506,742 won in June 29, 2012.

B. A’s rehabilitation procedure 1) A filed an application for commencement of rehabilitation procedures with respect to A on January 30, 2013, when a large amount of financial losses incurred under the KIKO contract concluded with the aim of avoiding exchange losses, and the sales reduction due to the new construction of the instant building, the pressure of funds due to the decline in sales due to delay in response to changes in the business environment, etc., were unable to meet the operating funds and the interest expenses, etc. of the loans of financial institutions, etc., and on February 15, 2013, the said court rendered a decision to commence rehabilitation procedures with respect to A (hereinafter “instant rehabilitation procedures”).

A) A’s representative director B was appointed as a custodian (hereinafter referred to as “A” even when he/she is appointed as a custodian for convenience.

(2) In the instant rehabilitation procedure, the Plaintiff reported KRW 10,126,268,190 of the loan as rehabilitation security right. However, A reported only KRW 549,752,50 of the loan principal and interest of December 30, 201, among the amount claimed for rehabilitation security right, as rehabilitation security right (= KRW 10,126,576,515,690 of the loan and interest of KRW 549,752,50 of the loan and interest of KRW 549,752,50 of the loan and interest of KRW 10,126,268,190 of the remainder of the loan and interest of KRW 549,752,50 of the loan and interest of KRW 2,017,102,455 of the loan and interest of KRW 2,56,854,955 of the loan and interest of KRW 549,750 of the starting portion).

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