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(영문) 광주지방법원순천지원 2014.12.10 2014가합12912
제3자이의
Text

1. As to vessels listed in the separate sheet:

A. The defendant Hosiethyl Co., Ltd. is a limited liability company.

Reasons

1. Indication of claim;

A. On March 23, 2009 and May 15, 2012, Jinjin Co., Ltd. entered into each credit guarantee agreement with the Plaintiff on a total of KRW 1.62 billion (hereinafter “each of the instant credit guarantee agreements”) between the Plaintiff and Han Bank (hereinafter “the instant credit guarantee agreements”). Each of the credit guarantee agreements issued by the Plaintiff (hereinafter “the instant vessels”) began to build vessels listed in the separate sheet (hereinafter “the instant vessels”) by borrowing shipbuilding funds from Han Bank as collateral.

B. On May 30, 2014, Jinjin Co., Ltd. concluded a security agreement on all the goods relating to the instant vessel and shipbuilding and transferred it by the method of possession or amendment in order to secure the obligation of loans to Han Bank to Han Bank. On June 24, 2014, as to the instant vessel, on June 24, 2014, it created a right to collateral security (hereinafter “instant right to collateral security”) worth KRW 1 billion with the maximum debt amount.

C. On July 14, 2014, the Plaintiff paid 949,046,729 won to Han Bank on behalf of the Plaintiff based on the respective credit guarantee agreements in this case.

On July 16, 2014, the Plaintiff completed the additional registration of partial transfer of the right to collateral security (867,492,647) with regard to the instant right to collateral security on the ground of the said subrogation. On August 5, 2014, the Plaintiff entered into a contract with Hana Bank for transfer of collateral security for all the instant vessel and building and received the transfer of the instant vessel and the instant goods.

Based on the original copy of a decision on provisional seizure of corporeal movables (No. 2013Kadan3425) against a limited liability company on January 14, 2014, Defendant Donggdong Industries Co., Ltd., Ltd., was subject to compulsory execution against the instant vessels on January 14, 2014 (this Court No. 2014Ga8), and Defendant Chin Sea Co., Ltd.’s enforcement of rent cases (No. 2014Hu408), Gwangju District Court Decision No. 2014, Jun. 2

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