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(영문) 수원지방법원안양지원 2017.11.09 2015가합103338

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 1, 2013, Korea Exchange Bank and Korea Exchange Bank Co., Ltd. (hereinafter “Korea Exchange Bank”) established a loan of KRW 300 million as a company’s general fund loan to D (hereinafter “D”) on April 1, 2013, with the date of expiration of the credit term as of October 1, 2013.

On August 13, 2013, the Korea Exchange Bank set the expiration date of the credit amounting to KRW 3.2 billion for a company-general loan (facilities) as “six years and six months from the date when the bank handles the credit,” and made each loan by setting the expiration date of the credit amounting to KRW 500 million as “one year from the date when the bank handles the credit amount” as “one year from the date when the bank handles the

B. Korea Exchange Bank’s establishment of collateral security D above

On August 13, 2013, with respect to the building E, 2630 square meters and its ground No. 3 (hereinafter “the instant real estate”) in the Hanpo-si Foreign Exchange Bank as security for each obligation of loans, the scope of the secured obligation “Korea Exchange Bank,” the scope of the secured obligation, “Korea Exchange Bank,” and the scope of the secured obligation, the debtor, with respect to the creditor (the principal and branch), was designated as “any obligation to be borne by the debtor in the present and future due to any of the following transactions, general financing loans (facilities), general financing loans for enterprises, and technology-based business start-up loans,” and registered the establishment of a neighboring mortgage:

(hereinafter “instant collateral security”). C.

On September 9, 2013, the Korea Exchange Bank changed the scope of secured debt, and entered into an amendment to the establishment of a collateral security agreement with D with the content that added the “debt due to credit card transaction” to the scope of secured debt with respect to the instant collateral security.

(hereinafter “instant contract for the creation and alteration of the right to collateral security”).

On September 1, 2014, the Defendant established a division from the Korea Exchange Bank for the purpose of issuing, selling, and managing credit cards, etc. by dividing it from the Korea Exchange Bank.

The Korea Exchange Bank is partly amended by Act No. 13523, Dec. 1, 2015 to establish the defendant.

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