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(영문) 수원지방법원 2015.10.07 2014가합61947
채권조사확정재판에 대한 이의의 소
Text

1. The plaintiff's claim is dismissed.

2. The Suwon District Court Decision 2013No. 202 dated February 7, 2014 (No. 2013) shall make a final inspection decision on rehabilitation claims.

Reasons

1. Interest (only after the commencement of interest) on the principal of a loan of basic facts on December 30, 201: 2,552,648,00 won 14,206,206,955 won 2,56,854,955 won on June 29, 2012; 37,506,506,493 won on June 29, 2012; 7,559,413,413,54,54,742 won on the aggregate of 10,51,713,48 won,126,268,190 won;

A. The Plaintiff, who owned A Co., Ltd. (hereinafter referred to as “A”), provided the instant building site and building site (hereinafter referred to as “instant land”; and the instant building site as security; and lent money to A as listed below, to the Plaintiff.

B. On January 12, 2013, A filed an application for commencing rehabilitation procedures with this Court 2013 Gohap15, and the said court rendered a decision to commence rehabilitation procedures with A (hereinafter “instant rehabilitation procedures”) on February 15, 2013, and B was appointed as a custodian.

C. In the instant rehabilitation procedure, the Plaintiff reported 10,126,268,190 won of the above loan as a rehabilitation security right. However, the Defendant asserted that only 549,752,500 won out of the loan principal of December 30, 201 among the above rehabilitation security right was admitted as a rehabilitation security right, and that the remaining principal and interest of loan exceeds the value of the instant real estate (=10,126,268,268,190 - 549,752,59,96 won) on the ground that the amount exceeds the value of the instant real estate, which is the collateral, as the collateral exceeds the value of the instant real estate. Moreover, 1,458,959,96 won was set off against the Plaintiff’s deposit claim against the Plaintiff, and thus, the Defendant raised an objection on the ground that the amount of the collateral was deducted from the distributed amount of the

On May 10, 2013, the Plaintiff filed an application for a final inspection judgment seeking confirmation on the amount of KRW 5,542,058,949 with respect to the rehabilitation security right against the Defendant by this court 2013-202.

On February 7, 2014, the aforementioned court dismissed the Plaintiff’s claim for confirmation of KRW 549,752,500, among the Plaintiff’s claim, on the ground that there is no legal interest to seek confirmation since the Defendant had already been dead. As to the Plaintiff’s claim for confirmation of the remaining rehabilitation security rights of KRW 9,576,515,690, the instant real estate.

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