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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim corresponding to the above revocation part.
Reasons
A. The Plaintiff’s repayment of the above obligation must be transferred to the Defendant without delay after receipt of the payment.
Article 5 The plaintiff shall make a decision by mutual agreement on the exercise of the defendant's claim for transfer of this case.
The debtor of this case: The plaintiff's amount: KRW 1,164,563,841 shall be paid to the plaintiff in good faith by December 31, 2012. Accordingly, the defendant shall be fully responsible for filing civil and criminal lawsuits.
= Specific matters = The defendant at the time of termination according to the rehabilitation plan submitted by the plaintiff
1. Money exempted from the Plaintiff’s special compensation: 291,140,960 won;
2. Attorneys' fees of 115,000,000 won in connection with the above case;
3.The right to secure a maximum of 20 per cent of the amount, including the amount in paragraphs 1 and 2 above and all other expenses.
4. The amount of 20% shares shall be determined by the investment ratio under the rehabilitation plan.
* Notarial acts and set up a right to collateral security on the E funeral hall for the said money.
◎ 제1심 판결 5쪽의 두 번째 표를 다음의 표로 바꾼다.
채권종류 회생채권 중 특수관계인 채무 채권자 원고 채권금액 887,904,802원 변제방법 변제연도 제3차년도(2014년) 12월말 변제금액 443,952,401원 (시인된 채권액의 50%) 면제금액 443,952,401원 (시인된 채권액의 50%) ◎ 제1심 판결 6쪽 12행 ‘피고 회사’를 ‘D장례식장’으로 고친다.
2. The assertion and judgment
A. The gist of the assertion 1 Plaintiff is as follows: (a) where the rehabilitation plan that selects the Defendant as an investor in the instant rehabilitation procedure is approved and concluded, the Defendant agreed to pay the Plaintiff the Plaintiff’s expenses for the rehabilitation claim and the attorney-at-law used in the rehabilitation procedure held by the Plaintiff regarding D funeral home; and (b) concluded the instant agreement by promising the Plaintiff to pay the Plaintiff the Plaintiff’s expenses for the rehabilitation claim and the rehabilitation procedure; (c) KRW 1,01,750,401 converted into the Plaintiff’