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(영문) 춘천지방법원강릉지원 2015.01.29 2014가합768
배당이의
Text

1. The document prepared on May 22, 2014 by the same court with respect to the case of the voluntary auction of real estate A with the Gangnam District Court of Chuncheon.

Reasons

1. Facts of recognition;

A. On November 29, 2007, the Defendant loaned B a loan of KRW 1130,000,000 to Company General Facility Loan amounting to KRW 1.13 billion (hereinafter “instant loan”).

B. On November 27, 2007, in order to secure the loan of this case, the Defendant entered into a contract on the mortgage covering 1.477 billion won with respect to B and B, as well as C and 2 parcels of land in the East Sea, and its ground buildings (hereinafter “the real estate of this case”), with respect to all obligations arising from credit transactions, etc., currently and in the future borne by B against the Defendant, and obligations arising from credit transactions, etc. with the Defendant as collateral obligations, the Defendant entered into a contract on the mortgage covering 1.47 billion won with the third party (hereinafter “the mortgage of this case”). On November 28, 2007, the Defendant completed the registration of the establishment of the mortgage of this case in the future against the Defendant.

C. On the other hand, around October 23, 2007, prior to the conclusion of the instant mortgage contract, the Defendant loaned KRW 500 million to the limited partnership company joint venture (hereinafter “joint venture”) the loans of KRW 500 million to the limited partnership company. On the same day, B extended the above loans to the extent of KRW 650 million (hereinafter “joint collateral guarantee”).

Since then on December 15, 2009, the Defendant agreed to increase the limit of loans for the same machinery and the above loans to KRW 800,000,000,000. On the same day, B and the above limit of guarantee amount to KRW 1 billion.

On February 5, 2008, after the conclusion of the instant mortgage contract, the Defendant loaned KRW 300 million automatic passbook loans to Samwon Steel Co., Ltd. (hereinafter “Ywon Steel”), and on the same day, B extended joint collateral guarantee to the extent of KRW 390,000,000,000,000.

E. Since then, the Defendant, as well as 422,621,133 won with interest on the instant loans and interest on the instant loans, 337,637,198 won with interest on the instant loans and interest on the instant loans, and 892,124,655 won with interest on the instant loans on the instant loans, including KRW 1,652,382,986 in total, = 422,621,133 won with interest on the instant loans, 337,637,198 won with interest on the instant loans in Samwon Steel.

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