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(영문) 의정부지방법원고양지원 2016.08.24 2015가합75049

배당이의

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On April 30, 2013, the Solomon Savings Bank (hereinafter “ Solomon Savings Bank”) concluded a contract for the acquisition of bonds with the preemptive right to new stocks (hereinafter “instant one contract”) on August 2, 2010, and on December 4, 2010, with Samlomon Savings Bank (hereinafter “ Solomon Savings Bank”) as a bankruptcy trustee. The Plaintiff was appointed as a bankruptcy trustee on the same day, respectively, and entered into a comprehensive passbook loan agreement (hereinafter “instant two contract”). < Amended by Act No. 1030, Aug. 2, 2010>

B. On December 6, 2010, the Solomon Savings Bank entered into a pledge agreement (hereinafter “instant pledge agreement”) with Samman-MC on December 6, 2010, and the main content of the agreement is as follows.

Article 1 (Creation of Pledges) (1) B (referring to IMC; hereinafter the same shall apply) shall set up a pledge to secure the following secured obligation and deliver A (referring to Solomon Savings Bank; hereinafter the same shall apply) a certificate of investment as follows:

1. Security obligation: ① The obligation to repay the principal and interest of loan to Eul under the credit transaction agreement concluded by Eul with Eul on December 6, 2010, and the obligation to Eul to Eul as of and in the future for the present and future against Eul; ② The obligation to repay the principal and interest of loan to Eul under the second guarantee private placement contract concluded by Eul with Eul on August 2, 2010, and the obligation to pay the principal and interest of bonds to Eul to Eul as of December 6, 2010;

2. Maximum debt amount: 5,590,000 won; and

3. Subject matter of pledge: ① All rights on the investment certificate issued by the main private equity fund of the Bank of Korea to B and rights incidental thereto; ② The pledge pursuant to this contract shall naturally have its effect on the money, all other profits and rights to be received by B in connection with the subject matter of pledge, even though no separate declaration of intention or other measure is made.

C. A private equity fund of the metretainment No. 1, 2010.6 December 6, 2010