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(영문) 서울중앙지방법원 2015.06.04 2014가합563520
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Creditor and mortgagee of the right to collateral security: C; and

1. The scope of the secured obligation provided that C may choose any one of the following three types, which differs from the scope of the secured obligation, and as security for the obligation (including interest, damages for delay, and other incidental obligation) stipulated in the “Comprehensive Security” among them.

[Specific Collateral Security] (Contents omitted] / (Contents omitted) [Comprehensive Security] / [Comprehensive Security] C] The following obligations owed to the Defendant in the past, present, and future:

(a) All obligations arising from credit transactions, such as deed loans, bill discount, payment guarantee, sales credit transactions, etc.;

2. Maximum debt amount;

(a) 635,700,000 won;

3. The defendant who has a settlement term of the right to collateral security shall set forth the settlement term of the right to collateral security and explain that C may choose either of the following three types, and C shall have the date set forth in the "the first designation type" as the settlement term.

【Designation-type (Contents Omission) 【Automatic Confirmation-type (Automatic Omission)】 (Contents Omission)

In such cases, C may designate a settlement term of the right to collateral security by written notification, and the settlement term shall be 14 days after the date of arrival of notice, and if short, the settlement term shall be 14 days after the date of arrival of notice. A.

On April 13, 2011, the Defendant extended a loan of KRW 469,00,000 at interest rate of KRW 5.5% per annum and from April 13, 2011 to April 13, 2014 (hereinafter “one loan”).

As of the same day, the Defendant concluded a contract to establish the right to collateral security (hereinafter “instant right to collateral security”) with respect to the attached real estate (hereinafter “instant real estate”) as indicated in the following, and completed the establishment of the right to collateral security (hereinafter “instant right to collateral security”) as Seoul Central District Court No. 19627, Apr. 13, 2011.

B. The Plaintiff around June 201.

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