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1. The Defendant (Counterclaim Plaintiff)’s auction case of Ulsan District Court C on May 27, 2015.
Reasons
1. Basic facts
A. The status of the parties is that the Plaintiff is engaged in the acquisition and transfer of securitization assets. The Defendant (Counterclaim Plaintiff; hereinafter “Defendant”) is a person who engages in the business of treating wastewater and water recycling facilities under the trade name of “D”, and Defendant B is a person who engages in the business of selling and selling washing equipment and installing facilities under the trade name of “E”.
B. On October 31, 2013, Defendant B entered into a contract for construction works with the F Co., Ltd. (hereinafter “F”) and the construction period from October 31, 2013 to December 30, 2013, each of which set the construction cost as KRW 969,884,00, and entered into a contract for purchase and sale and installation of Byung-won laundry equipment, and for a trial run supply. “The machinery supplied by Defendant B shall be owned by Defendant B until F pays 50% of the construction cost.”
C. 1) The Industrial Bank of Korea Co., Ltd. (hereinafter “the Bank”).
(B) On January 2, 2014, the Bank added each machinery and apparatus listed in [Attachment 2] Nos. 1 through 14 to the list of the objects of mortgage under Article 6 of the Act on Mortgage of Factories and Mining Foundations (No. 2014-36) to the F’s creditors, while registering the establishment of a neighboring real estate owned by F, the maximum debt amount of which is KRW 1,48,00,000. The Bank added each machinery and apparatus listed in [Attachment 2] No. 15 through 20 to the list of objects of mortgage under Article 6 of the Act on Mortgage of Factories and Mining Foundations. 2) The Bank added each machinery and apparatus listed in the list of objects of mortgage on April 4, 2014, the maximum debt amount of which is KRW 312,00,000,000 to the list of objects of mortgage.
Defendant A entered into a construction contract with Defendant A for the construction work from March 11, 2014 to May 11, 2014; the construction cost was set at KRW 285,700,000; and the construction cost was set at KRW 285,70,000; and the F entered into a contract for the construction of each wastewater treatment and water recycling facilities until April 30, 2014.