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(영문) 전주지방법원 2014.02.14 2013가합6369
채권조사확정재판에 대한 이의의 소
Text

1. On August 12, 2013, the judgment in claim allowance proceedings for bankruptcy of the Jeonju District Court 2010Haw-9 dated August 12, 2013 shall be amended as follows paragraph 2:

2.

Reasons

1. Basic facts

A. On August 17, 2010, a bankrupt mutual savings bank, a mutual savings bank (hereinafter “Bankruptcy bank”) was declared bankrupt on the day before the status of the party, and the Plaintiff was appointed as a bankruptcy trustee of the Bankruptcy Bank on the same day.

The defendant is a company established with the business purpose of lending recruitment business of a mutual savings bank.

B. On March 14, 2007, the Bankruptcy Bank and the Defendant entered into an entrustment contract with the Defendant for the brokerage of stock purchase loan (hereinafter “instant contract”), and the content thereof is as follows.

[Case Contract] Article 2 (Definitions) (Definition) of the Terms used in this Agreement is defined as follows:

(4) The term "non-performing bonds" means loans extended by customers who have lost the benefit of time and loans less than 100% of the collateral ratio.

Article 5 (Conditions for Handling Loan Products) The terms and conditions for the handling of loan products shall be as follows:

1. Loaned subjects: Integrated passbook loan;

2. Object of loan: An individual who is not an information registrant such as arrears and is able to immediately repay even if the stock security falls short of the funds; and

3. Loans: Not more than three million won, which shall not exceed three times the maximum amount of net assets of the secured securities account;

4. Term of loan: Within 12 months (it may be extended automatically);

5. Handling fees: 0 to 2%.

6. Credit investigation fees: 10,000 won/cases.

7. Other terms and conditions for dealing with the above lending products: Article 6 (Acceptance of Non-performing Bonds) (1) The defendant shall accept all non-performing loans in the event of non-performing loans under Article 2(4) among loans handled by the Bankruptcy Bank under Article 3.

(2) The acquisition price shall be deducted from the reserve funds, etc. under Article 7, and shall be settled on the date of payment of fees in cash or in the manner determined by the Bankruptcy Bank.

Article 8 (Payment of Fees and Distribution of Profits) In relation to the conduct of loan recruitment business, the Bankruptcy Bank shall be subject to the following standards:

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