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(영문) 대구지방법원 2020.08.11 2019가단148508
배당이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. On January 17, 2012, the Defendant loaned KRW 50 million to D as the product name of a general loan (other driving general). On the same day, the Defendant concluded a mortgage contract with D on the same day with respect to the Daegu-gu E and F (hereinafter “instant building”) owned D, the maximum debt amount of KRW 65 million, the debtor D, and the scope of the secured debt amount, the scope of the debtor’s debt “limited collateral: the debtor is a kind of transaction for a general loan to the creditor (the main and branch office), and completed the registration of the establishment of a collateral (hereinafter “instant collateral security”).

B. On January 17, 2013, D borrowed KRW 50 million from the Defendant as the product name of a general loan (division of business operation) (hereinafter “instant loan”) and repaid the loan granted on January 17, 2012.

C. On September 2, 2014, the Defendant entered into a contract on the change of the right to collateral security (hereinafter “instant contract on the change of right to collateral security”) with G Co., Ltd. (hereinafter “G”), the representative director of which acquired the status of the obligor of the instant right to collateral security (hereinafter “instant contract on the change of right to collateral security”). The instant contract on the change of right to collateral security contains the following contents regarding the scope of the secured obligation, and completed the change of right to collateral security on

Article 2. The original collateral security to the scope of the secured obligation shall guarantee the following obligations:

2. All obligations which a summary underwriter bears in the future to a creditor, caused by transactions falling under the scope of secured obligations under the original mortgage creation contract;

D. The current status of the Defendant’s credit transactions against G is as listed in the following table:

On January 20, 2017, the original loan amount (won) as of the date of loan of this case as of January 20, 2017, the current status of loan (won) on July 21, 2017, the current status of loan (won) loan accounted on January 24, 2009, and the account number of non-driving and split-off general loan of this case, 4,980,000,000 H loan of this case.

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