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(영문) 서울고등법원 2016.04.07 2014나2020705
배당이의
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On August 5, 2004, F Co., Ltd. (hereinafter collectively referred to as “E Co., Ltd.”) created a right to collateral security with a maximum debt amount of KRW 150,000,000 as the secured debt and the secured debt, respectively, to the network D (hereinafter “the network”) on August 5, 2004, with a view to setting up a right to collateral security with a maximum debt amount of KRW 150,00,000 as the secured debt, and thereafter, on May 16, 2005, the Defendant succeeded to a loan claim and the leased debt against the non-party company of the deceased solely through an agreement on division of inherited property on May 16, 2005.

B. On July 30, 2007, Defendant A determined the amount of rent, etc. unpaid by the non-party company until that time, as KRW 100,000 per month, and determined the amount of the loan as KRW 500,000 per month, KRW 350,000 per month, and interest on KRW 150,000 per month shall be paid on the 18th of each month to the non-party company and the non-party company’s amount of the loan, and the amount of the loan shall be paid at KRW 1,50,00 per month, and the loan certificate (hereinafter “the certificate of this case”).

C. On August 16, 2007, the non-party company set up, respectively, the right to collateral security (hereinafter collectively referred to as the "mortgage 1") between KRW 100 million and the maximum debt amount of KRW 350,000,000,000,000, based on the instant document, as the secured debt, for the non-party company’s 2,886m2 (hereinafter referred to as the "land of this case") against Defendant A on August 16, 2007.

On the other hand, Defendant B loaned KRW 2.8 million to I, the representative director of the non-party company, on five occasions from March 1, 1996 to December 28, 2003, an aggregate of KRW 2.8 million from the company’s operating funds, etc. However, around May 10, 2005, Defendant B issued a promissory note with face value of KRW 2.8 million from the non-party company as a security for the above loans, and a promissory note with blank payment date (hereinafter “instant promissory note”).

E. On July 2010, Defendant B filed an application with Nonparty Company for a payment order seeking the payment of the loan, and Seoul Central District Court.

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