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(영문) 서울남부지방법원 2017.09.14 2017가합102823

배당이의

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 Plaintiff’s loan and establishment of a right to collateral security 1) The Plaintiff is a company operating a casino in H hotel located in the F of Seopopo City F (hereinafter “I”).

In order to acquire 30,000 shares issued by the Plaintiff and operate the said casino business after acquiring the right of management, and to raise 12 billion won funds for acquiring shares, first of all, the K building 1st and L in Guro-gu Seoul J (hereinafter “K building”) newly built by the Plaintiff.

(1) The sales agency business entity M Co., Ltd. (hereinafter referred to as “M”)

(B) On December 15, 2009, the name of the corporation (hereinafter “N”) was lent and N Co., Ltd. (hereinafter “N”) was changed.

(2) After receiving a loan of KRW 3 billion from the Plaintiff, the Plaintiff concluded a mortgage agreement with the Plaintiff on February 6, 2010 on the acquisition of a contract and the alteration of the establishment of a mortgage with the purport that the Plaintiff succeeds to the status of M under the above loan agreement between N, M, and the debtor of the N’s above loan agreement, and the Plaintiff entered into an agreement on the acquisition of a mortgage and the alteration of the establishment of a mortgage with the purport that the debtor of the above loan agreement will be changed from M to the Plaintiff. As to the above 66 units of K building with the Plaintiff Co., Ltd. (hereinafter “B after the alteration”), the mortgage agreement was concluded between B, the debtor, and the maximum debt amount of KRW 1.7 billion with respect to the above 6 units of K building (hereinafter “instant mortgage agreement”). As to the aforementioned 66 units of mortgage agreement, the Plaintiff concluded a mortgage agreement with the mortgagee B, the debtor, and the maximum debt amount of KRW 11.7 billion.7 billion.

3) On February 8, 2010, the Plaintiff between B, N, Q, and the Plaintiff (Borrower) from B (P) to promote the said casino business (hereinafter “instant loan”). In order to promote the said casino business, the Plaintiff is entitled to KRW 9 billion from B (P) (hereinafter “instant loan”).

(2) The loan agreement between N (N) and Q (Joint Guarantee) provides a loan of 12 billion won in total from 3 billion won, and Q (Joint Guarantee) provides a joint and several surety for the Plaintiff’s obligations for each of the above loans (hereinafter the same shall apply).