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(영문) 서울동부지방법원 2016.08.25 2014가합10494
배당이의의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. Loans E Co., Ltd. to E Co., Ltd. (hereinafter “E Co., Ltd.”) by our banks (hereinafter “Korea Bank”) received loans from our banks for three times as listed below:

(hereinafter referred to as “each of the instant loans” and, according to the sequences of each loan, the term “third loan” or “third loan.” On September 1, 2008, 1208, damages for delay (not less than three months) from the expiry date of the credit limit on the subject of the loan starting from the date of the extension of the credit limit on the loans (not less than three months). On March 30, 201, KRW 19% per annum 19,5 million on June 30, 2016, KRW 200 million on March 31, 2011, KRW 19% per annum 30,000 on March 31, 201, KRW 50 million on general loans for business operation on February 17, 2012.

B. On March 29, 2010, immediately before the enforcement of the second loan, the Plaintiff, the representative director of the non-party company, who was the representative director of the non-party company, entered into a mortgage agreement with the bank of Korea on March 29, 2010 with regard to F apartment Nos. 312 and 107 (hereinafter “the instant real estate”). Accordingly, on March 31, 2010, the establishment registration of a neighboring mortgage (hereinafter “the instant mortgage”) was completed with regard to the instant real estate as “the maximum claim amount of KRW 240,000,000,000,000 won, the debtor company, and the mortgagee bank of Korea.”

A creditor-mortgaged mortgage holder: A debtor of the non-party company: The plaintiff

1. The obligee explained that the scope of the secured obligation may choose any one of the following three types, which differs from the scope of the secured obligation, and the developer shall secure the obligation (including interest, damages for delay and other incidental obligation) set forth in the “Limited Security” among them:

[Limited collateral] A debtor's all obligations (the description of the kind of transactions is omitted) currently and future due to any of the following transactions against the creditor (the main and branch offices):

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