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(영문) 대구지방법원안동지원 2016.12.21 2015가단23215

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The following facts may be acknowledged in full view of the purport of the entire pleadings, either in dispute between the parties or in Gap evidence Nos. 1 to 9 (including each number, if any).

On November 3, 2014, regarding D 1,220 square meters and above ground buildings, factories, and machinery list under the Mining Foundation Mortgage Act (hereinafter “instant real estate”) located in Ansan-si Co., Ltd. (hereinafter “C”), the registration of creation of a neighboring mortgage (hereinafter “registration of creation of a neighboring mortgage”) that was the Defendant of the debtor C, the debtor C, and the mortgagee, was completed on November 3, 2014.

B. C concluded a guarantee insurance contract and provisional seizure between the Plaintiff on October 16, 2013 and April 17, 2014, and C concluded a guarantee insurance contract with the Korea National Oil Corporation on October 16, 2013. (A) The guarantee insurance contract dated 16, 2013. (2) the insurance amount: KRW 22,749,027. (2) The insurance period: From October 23, 2013 to November 22, 2014. (b) The Korea National Oil Corporation did not perform the guarantee insurance contract with the Korea National Oil Corporation on April 17, 2014: KRW 30,00,000; KRW 40,000; and KRW 40,000,000; and KRW 30,000,000: KRW 14,000; and the Plaintiff did not perform the guarantee insurance contract with the Korea National Oil Corporation within the scope of up to 13.5, 2015.

3. Meanwhile, the Plaintiff filed an application for provisional seizure of each of the above claims for indemnity as the preserved right, and on November 24, 2014, the provisional seizure order was issued and on the same day.