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(영문) 대전지방법원논산지원 2020.04.09 2019가단23131
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The non-party corporation C (hereinafter referred to as the "non-party corporation") shall obtain a series of loans from D (hereinafter referred to as "D") with respect to the right to collateral security (hereinafter referred to as "the instant factory site") as to the right to collateral security (the maximum bond amount: 5,600,000,000 won) as of September 15, 2004, as to the right to collateral security (the maximum bond amount: 1,040,000,000 won) as of June 7, 2005, the right to collateral security (the maximum bond amount: 1,000,000,000 won) as of April 7, 2009, the right to collateral security (the maximum bond amount: 1,000,000 won) as to the right to collateral security (the maximum bond amount: 1,00,000,000 won) as of April 7, 2009, 2014

set up this chapter.

B. On July 22, 2015, Nonparty Company received the case of rehabilitation 2015 Gohap100213 from Seoul Rehabilitation Court, and the same year.

8. October 10 obtained a decision to commence rehabilitation procedures and received a decision to authorize the rehabilitation plan on January 19, 2016.

C. On September 9, 2015, the Plaintiff, as a guarantor for D, repaid KRW 409,50,000 and interest thereon, among the secured claims D against the non-party company, on behalf of the Plaintiff KRW 3,106,589.

On September 9, 2015, the Plaintiff entered into a contract for partial transfer of the instant factory site and factory site of this case with the amount repaid, KRW 412,606,589, and the right to collateral security with the Plaintiff as the mortgagee. On November 4, 2015, the Plaintiff registered partial transfer of the right to collateral security with regard to the right to collateral security.

E. The Plaintiff, with a rehabilitation security right, received KRW 409,50,000 as the principal and KRW 2,096,863 as the interest prior to commencement, and KRW 8,308,635,80 as the rehabilitation security right, and KRW 80,78,872 as the principal and KRW 80,389,424,676 as the rehabilitation security right.

F. On the factory site and factory of this case, Daejeon District Court Branch B.

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