logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 광주지방법원목포지원 2015.06.30 2014가단10487
배당이의
Text

1. The plaintiff's successor's claim is dismissed.

2. The costs of lawsuit shall be borne by the intervenor succeeding to the plaintiff.

Reasons

1. Basic facts

A. On October 20, 2005, school agricultural cooperatives (hereinafter “instant real estate”) set up a collateral security and loan 1) between C and C, and between C on October 20, 2005, a building of 125m2 and 188m2 and its ground (hereinafter “instant real estate”).

As to the maximum debt amount of KRW 140,000,000, the contract to establish the right to collateral security was concluded, and on October 25, 2005, the first priority right to collateral security (hereinafter “instant right to collateral security”) was established.

A) The registration of establishment was completed. The instant mortgage contract states the scope of the secured obligation as the “limited collateral” and the scope of the limited collateral provides that “any obligation that the obligor owes to the obligee (main and branch) at present and in the future due to the following transactions,” but the “transaction of the following kind” was not specified. 2) On November 4, 2005, school agricultural cooperatives established a loan with the amount of KRW 95,000,000 on November 4, 2008, without specifying the loan item, to C on November 4, 2008, at the rate of KRW 7.5% per annum, and at the rate of delay compensation rate of KRW 19% per annum (hereinafter “first loan”).

3) On November 11, 2005, school agricultural cooperatives set a loan of KRW 15,00,000 (limit transactions) with a self-reliance loan to C on November 11, 2005 at the interest rate of November 11, 2010 and 10.5% per annum (not separately determined with respect to damages for delay) (hereinafter “instant second loan”).

B) B. The Defendant’s status of the Defendant’s school agricultural cooperatives was merged with the Defendant’s school agricultural cooperatives, and the establishment registration was completed on March 31, 2006. C. The Defendant’s substitute exchange management 1) on November 17, 2010, which was the second lending amounting to KRW 15,000,000, and the expiration date of the lending period, the second lending amounting to November 17, 2012 (hereinafter “the second lending”).

2) On December 19, 201, the Defendant rendered the instant loan No. 1, 201, KRW 95,000,000, and December 19, 2014, the expiration of the loan period (the entry of the interest rate on the loan).

arrow