(영문) 인천지방법원부천지원 2020.11.27 2018가합101191

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(영문) 인천지방법원부천지원 2020.11.27 2018가합101191

배당이의 및 사해행위취소

Text

1. Attached Form B between C and Defendant Co., Ltd.;

1. 43820/1958 among the real estates listed in paragraph (1) of the list;

Reasons

1. Basic facts

(a) The Industrial Bank of Korea shall attached between March 22, 2013 and August 21, 2015 to C (Seoul: hereinafter referred to as “C”).

2. A total of KRW 7,910,000,000 as indicated in the list was loaned.

hereinafter the attached Form

2. Based on the list Nos. 1 through 7, “this case’s loan contract” is based on the list No. 1, and a loan claim under each of the above loan contracts is “loan Claim No. 1 through 7 of this case.”

B. On November 7, 2014, the Industrial Bank of Korea attached Form C and C owned.

1. Of the real estate listed in paragraph (1) of the list, the agreement to establish a mortgage was concluded regarding the real estate listed in paragraph (2) of the same list as the share of 438201/1958 among the real estate listed in paragraph (1) of the same list (hereinafter “each of the instant real estate”) (hereinafter “the agreement to establish a mortgage”) and the part relating to the issues of the instant case in the said written agreement is as follows.

(The following is the part indicated in writing by C’s representative director H. The mortgagee of the right to collateral security (Article 1) approves the basic terms and conditions and establishes the right to collateral security with the following contents on each real estate of this case.

1. The obligee provided that the scope of the secured obligation may choose any one of the following three types, which differs from the scope of the secured obligation, and the pledger provides as security for the obligation set forth in the limited collateral security (including damages for delay and other incidental obligation):

A transaction under the following agreement with a creditor of a specific collateral security shall be conducted by the debtor of all debts limited to the debtor currently and future due to transactions under the following transactions with the creditor in respect of all debts, facilities, financing loans for small and medium enterprises, financing loans for business purchase, and transactions under the following transactions:

2. The maximum amount of debt shall be ten billion won;

C. C is the Defendant on June 21, 2016.

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