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(영문) 의정부지방법원고양지원 2015.04.10 2014가단32604
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 23, 2012, the Plaintiff established a loan and a right to collateral security on October 23, 2012, with respect to the establishment of the right to collateral security (hereinafter “right to collateral security”) against the Defendant as the collateral security (hereinafter “right to collateral security”) with respect to the Goyang-gu C apartment No. 201-dong No. 703, Goyang-gu, Gyeyang-gu, which was owned by the Plaintiff on October 23, 2012, concluded a contract establishing the right to collateral security (hereinafter “right to collateral security”) with the amount of maximum debt amount of KRW

On the same day, the Plaintiff secured the above-mortgage as collateral ① A general loan of the subject of loan, loan maturity on October 23, 2015, and interest rate of KRW 160,000,000 at a floating rate (5.3% per annum under the check of successful bid funds, and 19% per annum), ② a general loan of the subject of loan, and a loan maturity on October 23, 2015, the interest rate of KRW 5,000 at a floating rate (0.5% per annum, 19% per annum).

B. The Plaintiff, at the time of the above contract to establish a mortgage, explained that any of the items of the secured obligation [the obligee] of the document prepared at the time of the above contract to establish a mortgage was entitled to select one of the three types following the different scope of the secured obligation, and the developer included interest, damages for delay and other incidental obligations set forth in the column (public notice).

(C) Of the description, I written the “General Security” in the above column as “General Security.”

under the above section the obligor shall be liable to the obligee at present and in the future:

(a)a bill loan, instrument loan, overdraft loan, discount of bill, payment guarantee, sales bond transaction, mutual installment transaction, subscription to bonds, foreign exchange transactions and any other debt arising from credit transactions;

(b) any obligation arising from the transaction of credit cards;

(c) The above-mentioned with the creditor and the third party is the guarantee obligation for the transaction;

D. The obligee stated that “a debt on a bill or check acquired by a transaction with a third party” is “a debt on a bill or check”.

(c).

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