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1. The plaintiff corporation B and C among the judgment of the court of first instance, including a claim for exchange change in this court.
Reasons
1. Facts of recognition;
A. The relationship between the parties and the defendant B is a company aimed at steel wholesale and retail business, and the defendant C is the representative director of the defendant B, and the defendant Eul is in the relationship of marriage with the defendant C.
B. On July 20, 201, the Plaintiff entered into a loan contract with Defendant B, on July 20, 201, with Defendant B, the Plaintiff: (a) a loan agreement with Defendant B on the electronic means of loan; (b) a loan with an electronic means of loan; (c) a loan with a loan limit of KRW 3 billion; and (d) a loan contract with a loan agreement with a term of simple average value of the transaction value of the CD 91-day derivatives (additional interest rate of less than 30 days; 2.9% per annum; (d) a year of less than 60 days; (c) a year of less than 3.2% per annum; (d) a year of less than 90 days; and (d) a year of less than 3.4% per annum; and (e) a delay interest rate of not more than 16% per annum; and (e) a loan agreement with Defendant B as of July 20, 2011; and (e) a loan agreement with the Plaintiff on January 20, 20.
(B) The loan contract was concluded (after that, on July 25, 2012, the maturity of the loan contract was extended on January 20, 2013, and the amount of the loan limit was changed to KRW 2 billion.
(2) On July 20, 201, the Plaintiff entered into a contract for the transfer of credit security (hereinafter “instant credit security contract”) with Defendant B, in order to secure a claim under a loan contract (hereinafter “mortgage 1”) on July 20, 201, the Plaintiff entered into a contract for the transfer of credit security (hereinafter “instant credit security contract”) with Defendant B, which will occur for the present and future five years (hereinafter “H”), and the transfer of credit security (hereinafter “instant credit security contract”). Around that time, according to the delegation by Defendant B, the notice of the transfer of credit to H was given.
3) On August 9, 2012, H was decided to commence rehabilitation procedures (Seoul Rehabilitation Court 2012 Gohap141) and rehabilitation procedures (hereinafter “instant rehabilitation procedures”) were conducted, and the rehabilitation plan was authorized, around February 4, 2016.