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(영문) 서울고등법원 2014.10.22 2013나2032343
양수금
Text

1. The plaintiff's appeal and the plaintiff's primary claim added in the appellate court are all dismissed.

2...

Reasons

1. Basic facts

A. 1) On June 22, 2011, the Defendant entered into a contract for asset acquisition and transfer (hereinafter “Vast Partners”)

() Upon entering into a contract for acquisition and transfer of assets with Lanola Co., Ltd., and sold the outstanding balance of debentures as of April 30, 201 to KRW 10,700,700,700,983 in the price of individual rehabilitation claims, credit recovery claims, and unsecured claims, which are 18,246,639,073, the date of the determination of assets (hereinafter “instant acquisition and transfer agreement”).

(2) The main contents of the instant acquisition agreement are as follows.

Article 1 Definition and Interpretation of Article 1(1) has the meaning set forth in Article 3(2)(1).

period of transaction termination shall have the meaning set forth in Article 3(2)(2)(ii).

date of transaction termination means the business day on which the actual transaction is closed;

(2) For individual rehabilitation claims, the following:

(a) A seller’s claim stated in the specification of claims as individual rehabilitation claims is a claim that the seller holds against each borrower as of the date of the confirmation of assets, a guarantee claim against the seller, and any other rights incidental thereto, and is a claim for which the repayment plan has been duly authorized in the individual rehabilitation procedure before the date of the confirmation of assets;

(1) The term "credit recovery claim" means a lottery,

(a) A seller’s claim stated in the specification of claims as credit recovery claims on the list of claims refers to a seller’s credit held by each borrower as of the date of the settlement of assets, a guarantee claim therefor, and all other rights incidental thereto, and a claim for which credit recovery support has been duly confirmed prior to the date of settlement of assets

(1) The term "claims" refers to individual rehabilitation claims, claims on credit recovery and claims on non-security and non-mortgageable claims on this case.

The period of claim for reimbursement has the meaning set forth in Article 4(3).

date of confirmation of assets means April 30, 201;

(hereinafter omitted) The term "reasons for default" means:

(i).

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