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(영문) 서울중앙지방법원 2012.11.08 2012가합5846
부인의결정에대한 이의
Text

1. The plaintiff's claim is dismissed.

2. With respect to a claim for denial in this Court 2011 dated 13, this Court shall have jurisdiction over the claims of denial.

Reasons

1. Facts of recognition;

A. From June 2008, the Korea Research Institute for ice Development and Management (hereinafter “Execution Agency”) is an executor who has promoted a new apartment construction project (hereinafter “C business”) in Young-si from Jun. 2008, and A Co., Ltd. (hereinafter “A”) is a contractor of the C business.

B. On July 24, 2008, in order to carry out the C Project on July 24, 2008, the executor obtained a loan from the Dongbu Mutual Savings Bank for the project financing of KRW 10 billion (hereinafter “PF”) (man: July 25, 2009), and A jointly guaranteed the loan.

C. Upon the maturity of the above PF loan, an event and A requested the extension of maturity. At the time of the event, A issued bills with a face value of KRW 10 billion at the face value per addressee and offered them as security to Dongbu Mutual Savings Bank. The maturity of the loan was extended on July 25, 2010.

Upon the expiration of the extended maturity, events and A requested for the extension of maturity again, and A has been extended on January 25, 201 by providing additional security for the deposit of KRW 2 billion in the name of Dongbu Mutual Savings Bank in the name of Dongbu Mutual Savings Bank.

E. On January 25, 2011, upon the second extension of the maturity, an event and A requested the second extension of the maturity. On January 25, 2011, A, up to KRW 3.5 billion with respect to D apartment bonds owned by A, the said sub-mutual savings bank (hereinafter “instant collateral trust”) was extended to three times on May 25, 201, by entering into a security trust agreement with the said sub-mutual savings bank as the first beneficiary (hereinafter “instant collateral trust”).

F. A filed an application for commencement of rehabilitation procedures on March 21, 201 and received a decision on commencement of rehabilitation procedures on April 1, 2011, the Defendant, a representative director, was deemed a custodian according to the court’s decision on non-election of a custodian, and the rehabilitation plan was approved on September 30, 201.

G. On July 29, 201, the Plaintiff filed a claim against the Defendant for denial of the instant collateral trust with the instant court and for restitution of seven apartment bonds subject to the collateral.

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