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(영문) 의정부지방법원고양지원 2020.06.10 2019가단84532
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. Defendant’s right to collateral security and secured debt 1) The Industrial Bank of Korea concluded a credit transaction agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) on March 23, 2012 and December 26, 2017, as indicated below (hereinafter “credit transaction agreement”) (hereinafter “the instant loan”) in the table, and “each of the instant loans” in both cases.

(2) On March 18, 2012, the company concluded a loan agreement with Nonparty 20,321,461,941,514 of small and medium enterprise facility loan 300,000,321,461,941,514 on December 26, 2017, 200, 300,000,000, 300,000,000,000,000, 27,107, 653 on December 26, 2017, regarding the loan and mortgage contract with the Plaintiff (hereinafter “the Industrial Bank of Korea”) on the loan and mortgage contract with Nonparty 20,00,000,007, 197,757, 197, 197, 607, 601, 7601, 20467, 7817, 798, 797, 7867, etc.

The scope of the secured obligation under the instant mortgage contract was limited to the scope of the secured obligation, and the other company agreed to the Bank as “a debt currently and future due to the transactions of a small business facility loan and a transaction of a loan for small and medium business,” and the maximum debt amount was set at KRW 730,00,000.

On the same day, the non-party company completed the registration of the establishment of a mortgage on the instant real estate, etc. with the maximum debt amount of KRW 730,000,000, and the Industrial Bank of Korea

(hereinafter “instant collateral security”). B.

In the auction procedure of real estate auction (hereinafter “instant auction procedure”) commenced upon the application of the Industrial Bank of Korea for the preparation of a distribution schedule, the court of execution distributes KRW 730,000,000 to the Defendant who acquired the claim against the non-party company of the Industrial Bank of Korea on June 18, 2019.

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