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(영문) 대구지방법원김천지원 2016.08.31 2015가단33379
배당이의
Text

1. The Daegu District Court was prepared on November 17, 2015 with respect to A real estate auction cases.

Reasons

1. On January 25, 2013: Guarantee number: 40420130001 loan amount: 1,640,000,000 won guarantee amount: 1,440,000,000 won guarantee period: 90% guarantee rate: on January 25, 2023: 90% guarantee rate: on the business establishment located in the city of Si/Gu, 1258, the factory and mining foundation mortgage shall be secured by setting up a second priority mortgage with respect to the business establishment located in the city of Si/Gu, the establishment of the relevant facilities, and shall be terminated by at least 50% of the guarantee amount;

A. The Plaintiff entered into a credit guarantee agreement with DB Co., Ltd. (hereinafter “DB”) to secure the payment of principal and interest of a loan from the National Bank of Korea Co., Ltd. (hereinafter “National Bank”).

B. On October 26, 2012, DB entered into a mortgage contract with the National Bank on the real estate listed in the separate sheet (hereinafter “instant real estate”) and machinery (Article 6 List 2012-407 of the Factory and Mining Foundation Mortgage Act), which constitutes a maximum debt amount of 2,388,000,000 with respect to the real estate and machinery (Article 6 List 201-407 of the Factory and Mining Foundation Mortgage Act, and had the National Bank registered the establishment of a collateral on the same day.

DB concluded a contract between the National Bank on April 26, 2013 and the National Bank of Korea on the instant real estate and machinery (Article 6 of the List 2013-157 of the Factory and Mining Foundation Mortgage Act; hereinafter collectively referred to as “the instant machinery,” collectively as “the instant real estate” and the machinery of the instant real estate, etc., combined with the instant real estate and the machinery, and hereinafter referred to as “the instant real estate, etc.”) with the maximum debt amount of 1,600,000,000 (hereinafter referred to as “the instant collateral security”) and completed the establishment registration of the instant collateral with the National Bank on the same day.

C. On January 28, 2013, a national bank loaned KRW 720,000,000 to D’s general facilities fund.

DB caused credit guarantee accidents caused by natural substances on October 28, 2014.

E. On January 5, 2015, the National Bank filed an application for voluntary auction to enforce the instant right to collateral security with the Daegu District Court Kimcheon-cheon Branch.

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