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(영문) 광주지방법원 2016.04.08 2015가합56859
배당이의
Text

1. Of the distribution schedule prepared on June 16, 2015 by this Court with respect to the case of G real estate auction in the Gwangju District Court B.

Reasons

1. Basic facts

A. In order to secure a claim against an educator of Korea Co., Ltd. (hereinafter referred to as “Korea Education Institute”), the Plaintiff entered into a mortgage agreement with respect to the Korean Education Institute on October 11, 2004 and the real estate, etc. listed in the attached Table 1 (hereinafter referred to as “instant real estate, etc.”) with respect to all kinds of obligations, which are currently and future, as collateral obligations, and with respect to all kinds of obligations, which are to be borne in the present and future as collateral obligations, and on October 12, 2004, set up a mortgage agreement with respect to the said real estate, etc. (hereinafter referred to as “the instant mortgage agreement”).

B. On October 24, 2008, the Korean Education Company filed an application for commencement of rehabilitation procedures with the Gwangju District Court 2008hap22 on October 24, 2008, which decided to commence rehabilitation procedures on December 10, 2008 and on September 9, 2009.

(B) Under the following, the aforementioned rehabilitation plan is approved. Of the contents of the instant rehabilitation plan, the part relating to the claims against the educationalian with respect to the instant secured claim and the instant secured claim prior to the commencement of the rehabilitation procedure is as follows.

Part III General Provisions of Section A of the Method of Repayment and Alteration of Rights on Rehabilitation Security Rights and Rehabilitation Claims

2. (1) The principal and interest to be repaid each year under the rehabilitation plan as of the due date for payment shall be repaid on December 31 of the pertinent year (Provided, That in the case of a legal holiday, the immediately preceding business day), and the interest after the commencement shall be repaid semi-annually on June 30 of the pertinent year and December 31 of the pertinent year (in the case of a legal holiday, the immediately preceding business day);

(5) If the repayment of the obligation under the rehabilitation plan cannot be performed on the due date when the repayment is not performed (the provision on delayed damages), the amount of the unpaid obligation shall be in accordance with the rehabilitation plan, starting from the day following the due date until the actual repayment date.

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