(영문) 대구지방법원 2019.10.08 2019가단3506

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(영문) 대구지방법원 2019.10.08 2019가단3506

배당이의

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. (1) On December 20, 2012, the Plaintiff loaned 60 million won to E Co., Ltd. (hereinafter “E”) at the annual interest rate of 10.5%, and the overdue interest rate of 25% per annum.

On the same day, the Plaintiff entered into a contract to establish a security interest in movable property between E and E by setting the term of existence of five machines and instruments listed in the separate sheet No. 1 attached hereto (hereinafter referred to as “the machinery and instruments”) between E and E in order to secure his/her credit for loans, and completed the registration of the establishment thereof.

(2) On December 20, 2013, the Plaintiff entered into an extension contract with E to extend the duration of the instant movable property collateral security right by December 19, 2018. On March 11, 2014, the Plaintiff completed the additional registration on the registration of the establishment of the said collateral security right in accordance with the said extension contract.

B. Meanwhile, as of July 5, 2013, each of the instant real estate listed in the separate sheet No. 2, as of July 5, 2013, as to the real estate owned by E (hereinafter “each of the instant real estate”), the joint collateral was jointly secured; the maximum debt amount was KRW 1,920,00,000; the debtor was completed with E; on November 14, 2013, the registration of the establishment of the neighboring real estate under the name of the Defendant was completed; and on November 14, 2013, the additional registration of the alteration of the right to collateral was completed to add machinery and equipment listed in the list No. 2013-256 of the Factory and Mining Foundation Mortgage Act as joint collateral (hereinafter “the Defendant’s right to collateral security”) with respect to each of the instant real estate and each of the instant factories, and mining foundation mortgage was additionally completed in the name of the debtor of the Defendant Co., Ltd. with the registration of the establishment of a mortgage in the name of the Defendant Co.

The defendant's right to collateral security by the above registration is 2.

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