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(영문) 광주지방법원목포지원 2020.02.05 2019가단478

배당이의

Text

1. On January 22, 2019, the above court with respect to the case of D's voluntary auction of real estate (D) in the Gwangju District Court Gopo-gu Seoul District Court.

Reasons

1. Basic facts

A. The Defendant’s loan of KRW 1 billion to E and the registration of the instant collateral security (1) the Defendant entered into a credit transaction agreement with E Co., Ltd. (hereinafter “E”) on May 20, 2005 and loaned KRW 1 billion to E.

(hereinafter referred to as the "loan of KRW 1 billion". The credit item (credit type): The amount of loans extended by enterprise (credit limit): the first day of credit period: May 20, 2005: the expiration date of the credit period: on May 6, 2006: The interest rate of damages for delay: the joint representative F of E at the time of the highest 19% per annum, and G jointly and severally and severally guaranteed the obligation of KRW 1 billion per annum.

(2) Between E and E on the same day, the Defendant entered into a mortgage contract (hereinafter “mortgage contract of this case”) with respect to the real estate listed in the separate sheet owned by E (hereinafter “the instant real estate”) as follows. The Defendant completed the registration of establishment of the first class of the instant real estate as the receipt of No. 4777 on May 20, 2005.

(hereinafter “instant collateral security”). Although the scope of the instant collateral security obligation under the instant collateral security agreement is indicated as a limited collateral, the type of loan transaction is as follows.

The scope of limited collateral security: Limited collateral security: A settlement term for all debts and transactions to be borne by the debtor in the present and future due to the following transactions with respect to the creditor (the principal branch): A settlement term for the settlement of accounts with respect to the future joint collateral: No. 2005-44; a list of the defendant's terms and conditions of Article 7 No. 18 (3) of the Factory Mortgage Act; and a list of security holders attached to the contract of this case (the mortgagee) concerning the scope of the liability arising from the limited collateral security.