logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.20 2015가합16427
집행문부여
Text

1. As to the table of rehabilitation creditors of Seoul Central District Court 2012 Gohap184 between the Plaintiff and the Defendant, February 2.

Reasons

1. Basic facts

A. On July 4, 2012, the Plaintiff loaned KRW 30,00,00,00 to A for the purpose of the construction and sale of high-class multi-family housing and neighborhood living facilities in Yongsan-si, implemented by A (hereinafter “A”), with the Defendant, B, etc., and the Defendant and B, as the contractor, jointly and severally guaranteed the above loan obligations by the Defendant and B, for the repayment period of KRW 30,00,00,000 to A for the purpose of the C-class multi-family housing and the sale of neighborhood living facilities.

(hereinafter “instant guaranteed obligation”) concluded a business and loan agreement (hereinafter “instant agreement”) with the content of the instant guaranteed obligation.

B. On September 16, 2012, the Defendant filed an application for commencement of rehabilitation procedures with the Seoul Central District Court on October 11, 2012, and received a decision on commencement of rehabilitation procedures (hereinafter “instant rehabilitation procedures”) from the above court 2012 combined184 (hereinafter “instant rehabilitation procedures”). On February 22, 2013, the Defendant obtained the rehabilitation plan approval on February 22, 2013, and became final and conclusive on the same date upon receipt of the decision on completion of rehabilitation procedures on August 11, 2014.

C. In the rehabilitation procedure of this case, the Plaintiff’s instant guarantee claim was determined as KRW 30,203,013,698 and was recorded in the list of rehabilitation creditors.

(2) The Plaintiff’s claim indicated in the table of rehabilitation creditors (hereinafter referred to as “instant rehabilitation claim” and the table of rehabilitation creditors (hereinafter referred to as “instant table of rehabilitation creditors”). The rehabilitation plan approved through the rehabilitation procedure is indicated as follows as to the method of repayment of the instant guarantee claim:

The principal and interest prior to commencement shall be repaid by the principal obligor or by a disposition of security offered by the principal obligor.

When the principal obligor fails to perform the principal obligation to be repaid after the date on which it has decided to grant authorization for the rehabilitation plan of the debtor company and the state of default continues to exist for one year (hereinafter “the grounds for repayment”), 77% of the unpaid principal and interest prior to the commencement of the rehabilitation plan shall be converted into equity and 23% of the unpaid principal and interest shall be paid in cash, and shall be paid in cash.

arrow