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(영문) 창원지방법원 2016.02.16 2014가단16336 (1)

배당이의

Text

1. Nonparty E and the Defendants entered into on September 11, 2012 each real estate indicated in the separate sheet.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit against Nonparty E 1) The Pacific Savings Bank Co., Ltd. (hereinafter “the Pacific Savings Bank”).

On October 30, 2012, the Plaintiff was declared bankrupt by the Busan District Court, and on the same day, the Plaintiff was appointed as the trustee in bankruptcy. 2) On December 24, 2010, the Bank of Taedong Savings extended a comprehensive passbook loan to Tae Heavy Industries Co., Ltd. (hereinafter “Tin Heavy Industries”) up to KRW 1.9 billion, and Nonparty E extended a guarantee to the maximum amount of KRW 2.47 billion for the above debt owed to Taehan Heavy Heavy Industries Savings Bank.

In addition, on July 7, 2011, the Pakistan Savings Bank extended a loan of KRW 450 million to Nonparty H, which is within the limit of KRW 585,00,000,00 for H’s above debt.

In addition, on July 6, 201, the Pakistan Savings Bank lent KRW 100 million to E.

B. On September 11, 2012, E, including a contract to establish a collateral security, concluded a collateral security agreement with the Defendants regarding 33 real estates, including the real estate listed in the separate sheet (hereinafter “instant real estate”), with the maximum debt amount of 600 million won (hereinafter “instant collateral security agreement”), and subsequently, registered the establishment of a collateral security (hereinafter “the creation of a collateral security agreement”) on the instant real estate.

C. Insolvent E is equivalent to a total of KRW 1,85,632,448, active property as of September 11, 2012, and the small property is KRW 3,015,776,802, even if it excludes the Defendants’ obligations against the Defendants. Of which, as of May 14, 2012, the Plaintiff’s obligations against the Plaintiff are KRW 2,464,171,360 (i.e., the balance of the principal and interest guaranteed by the Defendant’s guaranteed obligation as of KRW 1,834,832,798, and KRW 514,86,693, the balance of principal and interest guaranteed by the Defendant’s guaranteed obligation as of KRW 114,451,869).

The real estate of this case was knocked out by the Changwon District Court F and G auction procedure for auction and distribution of the real estate of this case.