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(영문) 울산지방법원 2016.07.06 2015가합20267

배당이의

Text

1. The distribution schedule prepared on January 22, 2015 by the above court with respect to A's voluntary auction case of Ulsan District Court A.

Reasons

Basic facts: (a) on January 13, 2010, the Defendant borrowed KRW 1,500,000,000 from the Defendant as a general fund division in order to raise funds necessary for the purchase of factory sites and the construction of factories and the purchase of facilities for the manufacture of products.

Nos. 1 and 2-1 of the evidence Nos. 1 and 2-1 of the following shall be secured by a credit guarantee certificate of KRW 1,750,00,000 (the guarantee number 20320,10362; hereinafter “the guarantee certificate of this case”) issued on October 26, 201 from the Plaintiff, and a loan agreement of KRW 2,000,000 was concluded between the Defendant and the Defendant on November 30, 201 with respect to the loan of KRW 560,00,000 on November 30, 201, and the Defendant received each of the loans of KRW 340,00,000 on December 340, 201; < Amended by Presidential Decree No. 17813, Jul. 10, 2011; Presidential Decree No. 17817, Jul. 10, 2012>

The main contents of the instant guarantee are as follows.

Special agreement for the guarantee of evidence No. 1, No. 11-4, No. 12-1 through 4, and No. 14

1. In respect of a place of business located in Ulsan-gun, Ulsan-gun, Masan-do, 209-2 (5,229 square meters) in the East-do, Ulsan-gun, the loan under this letter of guarantee shall be handled after establishing a second priority collective security (6,645 square meters) above the amount guaranteed for the said place of business;

2. Notwithstanding whether the construction of a factory building (a total floor area of 1,98m2) was completed immediately on the site of the Dong company located in the above location, the above collateral should be acquired by establishing a first-class collateral security above the guaranteed amount (the second-class collateral security and the joint collateral for the building site of the Dong company) and the full termination of the present guarantee amount.

Nos. 1 through 4, B’s Nos. 1, 2-2, 6-1, 2-1, 2-2. The Defendant was granted a right to collateral security regarding the entire share of a passenger holiday among the 209, 15,597 square meters of the Magyang-gun, Ulsan-gun, Ulsan-do, Ulsan-do, U.S., in executing the loan to the Dogdo as seen above, with regard to the entire share of a passenger holiday among the 209, 15,597 square meters of the Dogsan-do, Ulsan-do, U.S.,

Nos. 3-1, 2, on the other hand, on the knives shall be held as follows. < Amended by Presidential Decree No. 23190, Sep. 29, 201