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(영문) 수원지방법원안양지원 2017.05.18 2015가단19337
배당이의
Text

1. It was prepared on November 4, 2015 by the said court with respect to the auction of the real estate B, which was established in the Suwon District Court, as well as the Suwon District Court.

Reasons

1. Basic facts

A. The Defendant loaned KRW 200 million to C, April 13, 201, at the agreed interest rate of 4.19% per annum, and delayed interest rate of 12% per annum. On April 3, 2012, the Defendant loaned KRW 70 million per annum at the agreed interest rate of 4.06% per annum, and the delayed interest rate of 12% per annum (hereinafter “instant loan agreement”).

) At the time, the Plaintiff, who was the representative director C, was a joint and several surety agreement of this case (hereinafter the above joint and several surety agreement, referred to as the “guarantee claim of this case”).

(2) As of June 30, 2015, C Company C began to pay the principal and interest of the loan from April 15, 2014. As of June 30, 2015, the principal of the loan of this case is KRW 85,00,000, and the sum of interest, substitute payment, etc. is KRW 12,27,86.

B. On October 25, 2012, the rehabilitation procedure for the Plaintiff was commenced on October 25, 2012 with Suwon District Court 2012dan83, and the Plaintiff himself/herself was appointed as a custodian. Thereafter, the rehabilitation plan was issued on November 18, 2013, and the rehabilitation plan was finalized on January 23, 2014. According to the authorized rehabilitation plan, 40% of the principal and interest prior to the commencement of the rehabilitation claim shall be exempted, and 60% of the principal and interest prior to the commencement of the rehabilitation claim shall be repaid in cash, and 15% of the debt to be repaid shall be repaid in cash, 10% from 2015 to 2016, 20% of the equal installment for two years from 2017 to 2018, 45% of the interest was not reported within the period of 20 years from 2019 to 2021, 2020% of the rehabilitation claim.

C. On July 30, 2014, the Defendant, on the instant real estate, made a provisional attachment, a voluntary auction, and a distribution procedure for the instant real estate, as the preserved right.

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