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(영문) 대구지방법원 2015.06.30 2015가단102498
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. It is unreasonable for Plaintiff Daegu District Court to distribute dividends to the Defendant, including the cost of voluntary auction and the cost of service not claimed in the claim statement among the dividend table prepared on January 29, 2015, which was prepared by Plaintiff Daegu District Court A (hereinafter “instant auction procedure”). As such, the amount of dividends to the Defendant shall be reduced to KRW 10,372,078, and KRW 16,894,749, which is the difference, shall be added to the Plaintiff.

B. 16,894,749 won, which the Plaintiff raised an objection against the Defendant, is the service expense spent by the Defendant to maintain the present state of the object of auction, and is assessed as belonging to the amount of the Defendant’s right to collateral security or as a public interest expense, and should be appropriated first

2. recognised facts;

A. On April 17, 2009, the Plaintiff entered into a credit guarantee agreement between Nonparty B and Nonparty B on April 17, 2014 with the term of guarantee (319,200,000, the guaranteed principal (336,000,000,000, and 95% of the guaranteed amount). Under the credit guarantee, B borrowed 336,000,000,000 won from the Defendant on June 10, 2009, and thereafter changed the term of guarantee, the said amount of guarantee was reduced to 128,250,000 won.

B. The defendant is between B and B, and on October 16, 2006, Nos. 1 through 5 of the Attached List No. 1

3. As to each of the real estate mentioned above and each of the machinery and appliances listed in Article 7 of the Inventory 418 of the Factory Mortgage Act, a mortgage agreement with the debtor B is concluded with the maximum debt amount of KRW 560,00,000,000, and the debtor, and the Daegu District Court received Dolcheon District Court No. 24636 on the same day, and completed the registration of establishment of a neighboring mortgage as

on December 22, 2006, Nos. 1 through 5 of [Attachment List]

3. As to each of the real estate mentioned above and each of the machinery and instruments listed in the list of Article 7 Section 511 of the Factory Mortgage Act, a mortgage agreement with the debtor B is concluded with the maximum debt amount of KRW 455,00,000, and the debtor, the Daegu District Court received Dolcheon District Court No. 33180 on the same day, and hereinafter referred to as "second priority mortgage").

....

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