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(영문) 서울중앙지방법원 2015.01.30 2014가합48205
회생담보권조사확정재판에 대한 이의
Text

1. The Seoul Central District Court shall authorize the final inspection judgment of rehabilitation security right No. 2014.44 dated August 25, 2014.

2...

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation C (hereinafter “C”).

(2) A Co., Ltd. (hereinafter “A”) (hereinafter referred to as “A”) is a company engaged in the business of management consulting, financial management, credit management consulting, etc. and owns all of its issued stocks in order to raise funds necessary for the acquisition, management, operation, disposal, etc. of loans, bonds, or other rights.

3) On the other hand, C and A are D Co., Ltd. (hereinafter “D”).

(E) E Co., Ltd. (hereinafter “E”);

(B) A. The Plaintiff and C concluded a loan agreement on September 13, 2013 with a limit of 60,00,000,000 won for loans, interest rate of 9.01% per annum, interest rate of 19% per annum, interest rate of 13, 2013, and loan maturity date of December 13, 2013. Accordingly, the Plaintiff first granted C a loan of KRW 26,290,960,597 on the same day (Evidence 3). (c) Each of the instant lending pledge rights of the instant case; (e) on September 13, 2013, A had the Plaintiff maintained the Plaintiff’s obligation to secure the above lending obligation to C’s Plaintiff; (e) had the Plaintiff’s obligation to set up a loan agreement with the Plaintiff at KRW 11,725,00 until the expiration of the loan agreement with the Plaintiff; and (e) had the Plaintiff’s obligation to set up a loan agreement with the Plaintiff at KRW 135,50,0,0,0,0,0,0, and 3,0.

(Article 6. 2) However, after the decline in the value of D’s shares, the Plaintiff demanded C to provide additional security, and A requested C to provide additional security on September 24, 2013, which was held by the Plaintiff on September 24, 2013, issued D’s 2,209,60 shares (the base price at that time: 2,15 shares).

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