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(영문) 서울동부지방법원 2018.07.26 2018가합100661
배당이의
Text

1. The plaintiffs' primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The E Co., Ltd. and the establishment of a collateral security agreement and the establishment of a collateral security agreement between E and F (former trade name: G; hereinafter “E”)

A) The Credit Agreement with F on May 7, 2013 (hereinafter “The First Loan”) providing a loan to the F at a rate of 10.63% per annum and at a rate of 25% per annum (hereinafter “the rate of delay damages”).

2) On the same day, F entered into a loan transaction with H apartment I (hereinafter “H apartment”) in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “H apartment”) in order to secure all obligations currently and future due to the loan transaction with H apartment I (hereinafter “H apartment”).

(2) On May 9, 2013, E concluded a credit transaction agreement with F to grant loans at a rate of 6.35% per annum and 25% per annum (hereinafter “the second loan”). The F and J concluded a credit transaction agreement with F to provide loans at a rate of 6.35% per annum on May 9, 2013 (hereinafter “the second loan”). On the same day, F and the J concluded a credit transaction agreement with F to provide loans at a rate of 1.44 billion won per annum and 25% per annum with respect to the Seoul Gwangjin-gu Seoul Special Metropolitan City (hereinafter “K apartment”) for the purpose of securing all the obligations currently and future due to the ordinary loan transaction with E, and completed the registration of the establishment of a new mortgage.

3) E is a credit transaction agreement under which an agreement between F and 720 million won on May 23, 2013 is to provide loans at a rate of 8.66% per annum, and at a rate of 25% per annum, with a rate of 8.66% per annum and damages for delay (hereinafter “third-party loan”).

2) On the same day, F entered into a loan transaction with E, and on the same day, F 24/50 of the F Shares out of 14803 square meters of forest land in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “instant real estate”) in order to secure all obligations currently and future due to the loan transaction.

The Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu, 24/50 of F's shares, and F's ownership, among 295 m29 m2.

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