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(영문) 광주지방법원 2016.05.12 2015가합56590

근저당권 이전등기

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1. Of the Plaintiff’s lawsuit against the Industrial Bank of Korea, part of the right to collateral security against the Defendant Credit Guarantee Fund.

Reasons

1. Basic facts

A. The Defendant Industrial Bank of Korea concluded a credit transaction agreement with the Korea Development Bank of Korea that operates original slaughterhouses in each real estate listed in the separate sheet (hereinafter “each real estate of this case”) and implemented the loan as listed below. The Defendant Credit Guarantee Fund concluded a credit guarantee agreement with the Korea Development Bank on each loan listed in the separate sheet Nos. 4, 6, and 7, and issued each credit guarantee agreement to the Defendant Industrial Bank of Korea as listed below.

Loans for small and medium enterprise facilities loan 1,250,00,000 won - September 13, 2007, - loans for small and medium enterprise facilities loan - 940,000,000 won on May 23, 2008 - 4. 850,000,000 won on May 7, 2012; 1,000,000,000 for loans for small and medium enterprise facilities loan ; 1,00,000,000 for loans for small and medium enterprise facilities loan ; 1,00,000,000,000 won on May 7, 2012; 130,000,000 won on May 14, 2014; 1,000,000 won on small and medium enterprise facilities loan - KRW 130,000,000 on June 130, 2013>

B. The Defendant Industrial Bank of Korea set up, on March 10, 2006, a right to collateral security of KRW 1,560,000,000 with respect to each of the instant real estate owned by Korea Sale on a comprehensive basis, with a view to comprehensively guaranteeing the said Defendant’s obligations, including the obligation for loans, etc. that Korea owes to the said Defendant, and the right to collateral security of KRW 800,000,000 with respect to each of the instant real estate, respectively.

(hereinafter referred to as “each of the instant collective security rights,” and on May 22, 2008, the right to collateral security (hereinafter referred to as “instant second-class collective security”) C.

The defendant Industrial Bank of Korea filed a claim with the defendant Credit Guarantee Fund for the performance of the guaranteed obligation on January 28, 2014, as the Korean Sale Bank failed to repay the above loan, and the defendant Credit Guarantee Fund on February 19, 2014, within the scope of the guaranteed limit of the defendant Industrial Bank of Korea, for the total amount of the principal and interest of Korean Sale Bank's loan, 1,494,625.