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(영문) 창원지방법원통영지원 2012.06.07 2011가합869
배당이의
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. On June 5, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with B on December 5, 2014 between the Defendant and B (the representative C; hereinafter “B”) with respect to the obligation to repay the principal and interest of loan granted by the Defendant with a new factory building construction fund and mechanical purchase fund, the amount of security deposit of KRW 4,230,000,000, and the term of guarantee of December 5, 2014.

B. Accordingly, the Plaintiff: (a) to the Defendant on December 5, 2014; (b) loan for a single installment facility of the loan subject; (b) loan amounting to 4,700,000,000; (c) guarantee ratio of 90%; and (d) loan treatment room under this guarantee after the establishment of the second priority collateral security after the establishment of the second priority collateral security right with respect to the site of the same workplace (a detailed attachment1); and (b) guarantee agreement

2. It shall acquire and manage a part of the relevant facilities (Attachment 2 to the specification) by means of transfer with the fixed date date fixed immediately after the introduction of the relevant facilities, and acquire it by establishing the first-class collateral above the guaranteed amount under the Factory Mortgage Act, and at least 3,382,000,000 out of the guaranteed amount, upon completion of the relevant building (Attachment 3 to the specification);

The Credit Guarantee Agreement (hereinafter referred to as the “instant Credit Guarantee Agreement”) was issued with the content of the Credit Guarantee Clause D (hereinafter referred to as the “instant Credit Guarantee Clause”).

C. The specification 1 attached to the instant guarantee agreement falls under Category B and E B B site, and the specification 2 falls under Category B: machinery and equipment [150TN x 50M GNRY 1 set, 80TN x 50M GNRR 1 set, 50MGGRR 50M x 30M x 30MOVHD ALE (including main RAIL and TTRAL TRLR) 1 set, 30TON x 30M x 30M x 30M x 30M ALE (including main RAI and TTRAL) 2 set, transformation facilities (2,000 k) 2) to be purchased by Category B; the specification 3 changed the specification into a factory building that is scheduled to be newly constructed, and the building area falls under Category B 3, 31381 m2,3814 m2,3814 m2.

On the other hand, at the time of the conclusion of the credit guarantee contract of this case, the defendant 3,140,000.

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