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(영문) 서울고등법원 2016.04.14 2015나2003899
배분이의
Text

1. The judgment of the court of first instance is modified as follows.

The main claim in the lawsuit of this case shall be dismissed.

(b).

Reasons

1. The reason why the court states this part of the basic facts is identical to the corresponding part of the judgment of the court of first instance, thereby citing it in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Inasmuch as the Defendant’s claim was modified according to the rehabilitation plan authorized in the rehabilitation procedure of the Plaintiff’s assertion, the allocation amount of the instant case should be appropriated in accordance with the order stipulated in the contract for partial transfer of the right to collateral security in the instant case.

1. Claims to be appropriated to the defendant under the order stipulated in the contract for partial transfer of the right to collateral security of this case from 2,645,71,310 won on the basis of the amount of the claims modified pursuant to the rehabilitation plan: 1.4% interest on non-guaranteed claim amount (Article 2(1)1 of the contract for partial transfer of the right to collateral security): 1,59,000 won after the commencement of 14,147,298: 263,09,205 won (the principal of non-guaranteed loan of 1,591,79,000 won and interest on 14,000 won before the commencement of 2.1: 2.5% interest on non-guaranteed loan of 1.5% from 2.15% after the start of 2.3 years following the date of the first, 14,147,946, 298) and interest on non-guaranteed loan of 14.5% after the start of 29: 19.5% from the end of 219.5%

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