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(영문) 춘천지방법원영월지원 2014.01.09 2013가합364

배당이의의 소

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The National Bank Co., Ltd. completed the registration of creation of a mortgage of KRW 520,00,000 (hereinafter “instant first collateral mortgage”) with respect to the land, other than the land, of KRW 14 (hereinafter “instant land”), which was received on January 14, 2003, the debtor shall be deemed as the debtor, the maximum debt amount of KRW 520,000,000 (hereinafter “instant first collateral mortgage”), and the registration office’s establishment of a mortgage of KRW 127,40,000 (hereinafter “instant second collateral mortgage”) as the debtor, the maximum debt amount of KRW 127,40,000,000, respectively, in order to secure the loan claims against Samsung-gun Co., Ltd. (hereinafter “C”) as of February 18, 2003.

B. On April 23, 2003, Homato Savings Bank Co., Ltd. (hereinafter “Tomato Savings Bank”) concluded a mortgage-based agreement with the debtor as to the instant land between the owner of the instant land, etc. as to the instant land, with the amount of KRW 1,170,000,00 with the maximum debt amount. The written contract is printed in the form of the collateral security obligation as follows in the form of the collateral security obligation, and the content of the collateral security obligation is written in the form of the collateral security obligation, and the form of the collateral security obligation is written in the form of the collateral security obligation.

Article 1 Establishment of Mortgage (1) A creditor of the scope of secured obligation has explained to the effect that one of the four types as follows, which differs from the scope of secured obligation, may choose one of the four types, and the pledger shall secure his obligation (including interest, damages for delay, and other incidental obligation) as provided for in the blanket collateral security.

The following obligations owed by the debtor of comprehensive collateral security to the creditor (main and branch) in the future:

(a) A bill loan, deed loan, discount on bills, payment guarantee, sales bond transaction, credit installment transaction, and all other obligations arising from credit transactions;

B. Guarantee liability for the above transaction with the creditor and the third party

(c)the creditor is a third party.