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(영문) 수원지방법원 2016.09.09 2015가합4309

배당이의

Text

1. Defendant among the distribution schedule prepared on June 16, 2015 by the said court with respect to the Suwon District Court D's D's auction of real estate.

Reasons

1. Basic facts

A. On April 29, 2002, the Industrial Bank of Korea (hereinafter “the Bank”) concluded a credit transaction agreement with Defendant C on April 29, 2002, with the Bank of Korea (hereinafter “the Bank”) to lend the said money in accordance with the said agreement. On the same day, the Industrial Bank of Korea (hereinafter “the Bank”) borrowed the said money. On the same day, the Bank of Korea concluded a loan transaction agreement with Defendant C, 60,000,000,000,0000,0000,000

A) As to the establishment of a mortgage contract with a maximum debt amount of KRW 60 million, the Industrial Bank of Korea concluded a mortgage contract with a maximum debt amount of KRW 60 million, and completed the registration of establishment of a mortgage near the Industrial Bank of Korea (hereinafter “instant

(2) On May 8, 2006, the Industrial Bank of Korea concluded a credit transaction agreement with F Co., Ltd. (hereinafter “F”) with a credit amount of KRW 60 million. At that time, Defendant C as the representative director of F, jointly and severally guaranteed the F’s loan obligations under the said credit transaction agreement.

In addition, the Industrial Bank of Korea concluded a mortgage contract with the maximum debt amount of 60 million won regarding the instant real estate owned by Defendant C on the same day, and completed the registration of establishment of a mortgage near the Industrial Bank of Korea.

(3) On August 24, 2007, the Industrial Bank of Korea concluded a credit transaction agreement with F with the amount of loans worth KRW 300 million. At the time, Defendant C, as the representative director of F, jointly and severally guaranteed the loan obligations under the said credit transaction agreement. On the same day, the Industrial Bank of Korea concluded a mortgage contract with the Defendant C with the maximum amount of debt as to the instant real estate owned by the Defendant C, and completed the registration of establishment of a neighboring mortgage in the future of the Industrial Bank of Korea (hereinafter “the instant third mortgage”). From the first to the third mortgage, the instant mortgage is deemed to be each of the instant collective security interests.

(b)..