logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.10.25 2019가합515359
채무부존재확인
Text

1. Section 2 of Chapter III of the approved rehabilitation plan, as of July 20, 2018, for the Plaintiff in the Incheon District Court 2017dan17 Debtor Rehabilitation case.

Reasons

1. Facts of recognition;

A. The Defendant’s loan to C and the Plaintiff’s guarantee, etc. are 1) C (hereinafter “C”).

(2) From July 25, 2008 to November 28, 2014, the Defendant entered into a credit transaction agreement with the Defendant on seven occasions. C was granted a loan from the Defendant under the said credit transaction agreement. As of May 30, 2017, C’s total amount of the loan to the Defendant was KRW 18,029,762,200. (2) The Plaintiff, as an internal director of C, concluded a guarantee agreement with the Defendant six times from July 25, 2008 to November 28, 2014, and guaranteed C’s obligation to the Defendant.

The sum of the Plaintiff’s guaranteed obligations against the Defendant was KRW 10,105,390,890 as of January 23, 2018.

3) C) The Nam-gu Incheon Metropolitan City land for factory D 5934m2 (hereinafter “instant land”).

(B) On May 13, 201, the Incheon District Court received No. 43795 on May 13, 201, and completed the registration of the establishment of a mortgage over the 18 billion maximum debt amount, and the registration of the establishment of a mortgage over the 420 million maximum debt amount, which was received on August 13, 2013 by the same court, as the receipt of No. 67238, August 13, 2013.B. C’s commencement of rehabilitation procedures and authorization of a rehabilitation plan with respect to C, upon filing an application for commencement of rehabilitation procedures with the Incheon District Court No. 2017, Apr. 25, 2017.

2) On March 5, 2018, C submitted a draft rehabilitation plan to the Incheon District Court. According to the above draft rehabilitation plan, C’s total amount of the debt of rehabilitation security rights for the Defendant who is a city of C is KRW 17,867,769,06 (i.e., the principal of the loan, KRW 17,712,091,890 (Evidence 7-1 of Evidence 7) 3 of the above draft rehabilitation plan (Evidence 7-1 of the above

1. According to the definition of terms (22 pages), the term “interest prior to commencement” means interest, overdue interest, delay damages, etc. accrued on rehabilitation security rights, rehabilitation claims and rehabilitation claims prior to the date of the decision on commencement of rehabilitation procedures, which is fixed as the special inspection date within the inspection period, and the term “interest after commencement” means the unpaid principal from the date of the decision on commencement of rehabilitation procedures until the principal repayment for rehabilitation security rights

arrow