logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 창원지방법원 2016.04.29 2014가단27916
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Defendant’s claim 1) The E Co., Ltd. (hereinafter “Nonindicted Bank”) against Nonparty F

On December 24, 2010, Tae Heavy Industries Co., Ltd. (hereinafter “Tai Heavy Industries”)

(1) A comprehensive passbook loan to the extent of KRW 1.9 billion (hereinafter “instant loan”).

(2) On July 7, 2011, the non-party F provided a collateral guarantee up to the limit of KRW 2.47 billion for the obligations of Taein Heavy Industries E. In addition, the non-party F provided a collateral guarantee up to the limit of KRW 50 million for the above obligations of G. The non-party F provided a collateral guarantee up to the limit of KRW 585 million for the above obligations of G. The non-party bank separately lent KRW 100 million to F on July 6, 2011. The non-party bank was declared bankrupt by the Busan District Court on October 30, 2012, and the defendant was appointed as the bankruptcy trustee on the same day.

B. On May 29, 2012, the non-party bank’s provisional seizure on the non-party bank’s (hereinafter “instant auction land”) obtained a decision on provisional seizure on real estate under F’s name as the Busan District Court Branch Branch Branch 2012Kadan1501, and on May 30, 2012, the provisional seizure registration on the provisional seizure date was completed on the following: (a) the F’s principal obligation and guarantee obligation amounting to KRW 500 million, which is a part of the principal obligation and guarantee obligation; and (b) the F’s registration on the provisional seizure date was completed.

(hereinafter referred to as “the instant provisional seizure”

C. On September 11, 2012, F entered into a mortgage agreement with creditors, including I, J, K, L, M, etc. (hereinafter “Plaintiffs, etc.”) regarding the instant auction land with the maximum debt amount of KRW 500 million, the debtor F, and the Plaintiffs, etc. (hereinafter “instant mortgage agreement”), and on September 11, 2012, the establishment registration of the neighboring mortgage agreement was completed.

(hereinafter referred to as “the establishment registration of a neighboring mortgage of this case”).

On April 11, 2013, the distribution of dividends in the auction procedure of this case and the auction land of this case 1.

arrow