(영문) 창원지방법원진주지원 2015.01.21 2013가합4275

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(영문) 창원지방법원진주지원 2015.01.21 2013가합4275

배당이의

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1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff’s registration of the establishment of a neighboring mortgage 1) The C&C Co., Ltd. (hereinafter “C&C”)

(C) The title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title of the title.

(2) On April 22, 2008, with respect to the machinery and apparatus within the factory, the Plaintiff entered into a registration of creation of a mortgage on April 11, 2008, with a maximum debt amount of 1,320,000,000,60,000,000 of the maximum debt amount of July 9, 2008, and the maximum debt amount of 6,00,000,000,000 on February 4, 2009, and each of the maximum debt amount of 576,000,000,000,000 on April 22, 2009, the Plaintiff shall be paid 0,000,000 per annum interest rate of 5,00,000,000,000 per annum and interest rate of 12,000,000,000,000 interest rate for repayment on every five years after the loan of 3 years.

3) In order to secure the above loans, the Plaintiff is a machine and an apparatus listed in the attached Form 2, which was not included in the instant real estate owned by CC on April 22, 2009 and each of the aforementioned collateral mortgages by Busan Bank (hereinafter “instant machinery”).

2) As to the instant claim, the lower court erred by misapprehending the legal doctrine on the establishment of a collateral security agreement, which constitutes a maximum debt amount of 650,000,000

On April 23, 2009, QC entered into a contract. Accordingly, on the part of the Plaintiff on April 23, 2009, the Plaintiff completed the registration of the establishment of a mortgage. (B) QC was divided into the principal bank from the Busan Bank into the part relating to the banking business from among the credit businesses of the National Agricultural Cooperative Federation at the Busan Bank, and the Defendant’s assistant intervenor was divided from the National Agricultural Cooperative Federation.

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