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(영문) 인천지방법원부천지원 2015.05.29 2014가합7215
배당이의
Text

1. The above court on September 11, 2014 with respect to the case of the compulsory auction of real estate A and B (Dual) by the Incheon District Court.

Reasons

1. Basic facts

A. On March 10, 2008, the Defendant Industrial Bank of Korea concluded a loan agreement with the Central T&C Co., Ltd. (hereinafter “Central T&C”) on a loan agreement of 240,280,000,000 Japanese legal system (hereinafter “loan on March 10, 2008”) between the Defendant Industrial Bank of Korea and the Central T&C Co., Ltd. for the purpose of securing this, the Defendant Industrial Bank of Korea concluded a loan agreement of 36-1,000,000,000,000 (hereinafter “the instant real property”) as follows with respect to the third general Article 36-1, 103-801 through 103-811 (hereinafter “mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage-mortgage”) on March 10, 2008.

b)After the conclusion of the contract, the establishment of a mortgage on the said real estate has been completed under the name of the Defendant Industrial Bank of Korea. The scope of the comprehensive collateral security obligation: the maximum debt amount on bills or checks acquired by the Bank of Korea as a result of the transactions with a third party in the above item (a) above with the Bank of Korea, except for the case where a third party other than the obligor provides as security, and by the Bank of Korea as security, for the transactions in the above item (a) above with a third party; the maximum debt amount on bills or checks acquired by the Bank of Korea due to the transactions in the above item (a) above with the Bank of Korea: 30 million won in Japan, the maximum debt amount on bills or checks:

B. On August 21, 2013, the Defendant Industrial Bank of Korea concluded a collateral guarantee contract between the Defendant Industrial Bank of Korea and the Central T&C (hereinafter “instant collateral guarantee contract”) with the content that the Central T&C’s joint and several surety guarantee amounting to KRW 4 billion for small and medium enterprise facility loan obligations owed by the Central T&C to the Defendant Industrial Bank of Korea within the scope of KRW 4.8 billion.

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