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(영문) 서울고등법원 2015.10.07 2015나2029884
양수금
Text

1. The defendants' appeal is dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. (1) Gyeongnam Bank Co., Ltd. (hereinafter “Seoul Bank”) (hereinafter “Seoul Bank”) concluded a loan and transfer of loan claims

(2) On February 9, 2009, Defendant A entered into a loan agreement with Defendant A, setting the lending limit of KRW 1,00,000,000 (the loan limit of KRW 1,50,000,000 on June 5, 2009) from February 9, 2009 to February 9, 2014; the lending period of KRW 1,50,000 on loan; the interest rate of KRW 20,00,000 on loan type credit loan; the lending period between Defendant B and Defendant B on September 17, 2010; the lending period of KRW 20,00,000 on loan amount; and the interest rate from September 17, 201 to March 17, 201; and each of the lending periods of KRW C (hereinafter “C”).

(2) The loan was made after being provided with credit sales claims on credit as security (hereinafter collectively referred to as “instant loan”).

(2) Meanwhile, on November 29, 2012, the Gyeongnam Bank transferred the instant loan claims to the Plaintiff, respectively, and on November 30, 201 and December 3, 2012, the Gyeongnam Bank notified the Defendants respectively.

B. On October 16, 2012, prior to the decision on commencing rehabilitation procedures and reporting rehabilitation security rights with respect to C, a decision on commencing rehabilitation procedures was rendered by the Changwon District Court 2012 Joint 41 (hereinafter “instant rehabilitation procedures”).

(2) The total amount of claims initially reported by the Gyeongnam Bank during the instant rehabilitation procedure is KRW 16,821,712,745, which is the total amount of principal KRW 14,504,437,636 and interest KRW 2,317,275,109 prior to the commencement of the rehabilitation procedure. The amount recognized as a rehabilitation security right following the rehabilitation debtor’s objection procedure is the principal amount of KRW 15,256,461,157, which is the total amount of principal and interest KRW 14,504,437,636 and interest KRW 752,02,523,521.

Interest KRW 1,565,251,58 (i.e., KRW 2,317,275,109 - KRW 752,023,521) which was not recognized as a rehabilitation security right was classified as a rehabilitation claim.

3. Meanwhile, the amount of the above rehabilitation security right is the principal and interest of this case arising from the date the rehabilitation procedure of this case begins, namely, the principal and interest of loans to Defendant A, 1,122,083,934 won, interest 189,520,450 won, and the principal and interest of loans to Defendant B, 116.

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