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(영문) 서울고등법원 2019.07.24 2019나2000003
부인 청구 인용 결정에 대한 이의의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

Basic Facts

On September 27, 2013, the Plaintiff’s corporate bond C Co., Ltd. (hereinafter “C”) concluded a non-guaranteed bond underwriting contract (hereinafter “instant corporate bond”) with the Plaintiff, D Co., Ltd., E Co., Ltd., the issue price of KRW 50 billion per annum, interest rate of KRW 8.95% per annum, and redemption date of September 27, 2014, which was 256.

On September 26, 2014, C and G Co., Ltd. (hereinafter “G”) entered into a security trust agreement with respect to each real estate listed in the attached list owned by C on September 26, 2014, with respect to the Plaintiff’s loans to C and the creation of security rights, with respect to each real estate listed in the attached list owned by C, H as the first priority beneficiary (amounting to KRW 9.1 billion) and the second priority beneficiary (amounting to KRW 13 billion

C, on September 26, 2014, the Plaintiff, and G entered into a contract on the change of the land trust ledger with the purport to transfer the right to preferential benefit of KRW 13 billion out of the first priority interest of KRW 36.4 billion owned by C to the Plaintiff among the first priority interest of KRW 36.4 billion.

[1] The act of creating a security interest in this case, including the act of entering into a security trust agreement and entering into an alteration contract for the original register of land trust with the above management type, is deemed as the act of creation of security

[2] The Plaintiff’s loan of KRW 10 billion at the interest rate of KRW 6.69% per annum in C on September 29, 2014, and the repayment date of KRW 10 billion on September 29, 2015 (hereinafter “instant loan”).

) The above loan amounting to KRW 10 billion was transferred to the FJD branch, a payment agency of the instant corporate bonds, to the FJD branch. The J project site described in the foregoing paragraph (2) was sold to KRW 7 billion in the public sale process around October 2014, and on January 5, 2015, KRW 6,698,876,761 out of the Plaintiff’s principal and interest of the instant loan was repaid.

C On December 31, 2014, the rehabilitation procedure C applied for the commencement of rehabilitation procedure as Seoul Central District Court 2014 Ma100212, and accordingly on January 7, 2015.

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