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(영문) 수원지방법원 안산지원 2017.02.09 2015가합23526
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On January 13, 2009, C, who is the plaintiff of the creation and change of a comprehensive collateral security, obtained a loan of KRW 620 million from the defendant on the same day with respect to D land and its ground (hereinafter “instant 1 and 2 real estate”) and E land, F land, G forest (hereinafter “instant 3 through 5 real estate”; and each of the instant 1 through 5 real estate, collectively referred to as “each of the instant real estate”).

C On March 25, 2009, upon completing the registration for modification of joint collateral security (hereinafter “instant joint collateral security”), which increases the maximum debt amount of the said joint collateral security to one billion won (hereinafter “the maximum debt amount”), and on the same day, KRW 70 million from the Defendant as of March 25, 2012 due date determined as of March 25, 201, and repaid the Defendant’s loan obligations worth KRW 620 million (hereinafter “instant loan obligations”).

The joint collateral security of the instant case was created not only by C as a principal debtor but also by C as a comprehensive collateral security that guarantees the guarantee obligation of C arising from credit transactions between the Defendant and a third party.

On July 9, 2009, the Plaintiff filed a provisional registration of the right to claim ownership transfer registration of the instant 3 through 5 real estate from C, and the registration of ownership transfer on July 10, 2009 for the instant 1 and 2 real estate, respectively.

On March 5, 2010, C, the mother of C, obtained a loan of KRW 10 million from the Defendant, and at that time C, entered into a joint collateral guarantee contract with the Defendant with the amount of KRW 12 million with respect to the above loan obligation.

In addition, on May 7, 2010, Nonparty J received a loan of KRW 10 million from the Defendant, and at that time C entered into a joint collateral guarantee agreement with the Defendant on the limit of KRW 12 million with respect to the above loan obligations.

(hereinafter collectively referred to as “instant guaranteed obligation”). C around 2011 shall be subject to tax.

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