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(영문) 대전지방법원천안지원 2020.09.11 2019가합104313
배당이의
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

(a) A guarantee contract (2) A guarantee contract with the Industrial Bank of Korea and the defendant.

1. It is necessary to treat loans under this guarantee after establishing a first-class collateral security right above the amount of collateral loan on the land located in E- 2,897 square meters for factory and in the business place located in F 850 square meters for a place of business (hereinafter in this case, referred to as the “instant land”).

2. At least 65% of the guaranteed amount shall be terminated, notwithstanding whether the construction of the instant land site (area 986m2m2, hereinafter the instant building) is completed immediately.

3.The right to collateral security acquired under the terms of this guarantee must be used as security only for the loan of this guarantee.

1. At least 65% of the guaranteed amount should be terminated as security by establishing the first-class collateral security right over the land above the guaranteed amount, regardless of whether the construction of the building was conducted immediately after the completion of appraisal.

2.The right to collateral security acquired under this guarantee condition shall be used only as a security for the loan of this guaranteed obligation.

(1) On December 24, 2014, the Defendant concluded each guarantee contract with the Industrial Bank of Korea, and the Defendant concluded each of the following guarantee contracts (hereinafter “each of the instant guarantee contracts, i.e., specific, ii) with respect to the respective loans owed to the Industrial Bank of Korea:

SheD submitted a guarantee under each of the instant guarantee contracts and received each of the loans from the Industrial Bank of Korea at the end of December 2014, KRW 1,800,000 (hereinafter referred to as “loans”) and KRW 700,000,000 (hereinafter referred to as “loans”).

B. (1) Pursuant to each of the terms and conditions of guarantee under each of the instant guarantee agreements, the Industrial Bank of Korea, as to the instant land on December 30, 2014, shall provide the first priority collective security (1) with the maximum debt amount, which is KRW 960,000,000, as security for loan claims.

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