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(영문) 서울고등법원 2016.10.28 2016나2590
부인결정 이의
Text

1. The plaintiff's appeal is dismissed.

2. Of the appeal costs, the part pertaining to the participation in the appeal is the intervenor joining the Plaintiff.

Reasons

1. Basic facts

A. The Dogcheon-si canal canal canal canal canal canal canal canal canal canal canals project and related loans 1) to be implemented in the Dog Incheon-si E (hereinafter referred to as “the Dogcheon-si canal

2) The Plaintiff, an executive company, Kim & Yang Partnership, Inc. (hereinafter referred to as the “G&A partnership”).

On May 19, 2009, A Co., Ltd. (FF Co., Ltd.) changed its trade name to A Co., Ltd. on June 5, 2009.

Since April 1, 2011, the rehabilitation procedure commenced on April 1, 201, the company’s trade name was changed to Q Q, Inc. on March 26, 2015, and on April 16, 2015, S Co., Ltd. established by division from Q was transferred the rights and duties regarding the instant lawsuit.

"A" shall not be classified before and after the commencement of rehabilitation procedures, mutual change, and corporate division.

3) On the part of the Intervenor’s joint and several sureties, the Intervenor’s Intervenor (hereinafter “ Intervenor”)

(1) The term “instant existing loan” was extended to KRW 19 billion, and KRW 5 billion from Dak 2 Mutual Savings Bank Co., Ltd. for each term of one year (hereinafter “instant existing loan”).

Since then, the Intervenor acquired KRW 5 billion loans from Pu2 Mutual Savings Bank Co., Ltd. among the existing loans in this case.

2) As security for the existing loan of this case, the Kim & T Partnership set the Intervenor and P 2 Mutual Savings Bank Co., Ltd. as the first priority beneficiary (a total of 31.2 billion won), and A as the second priority beneficiary (a total of 31.2 billion won), while offering a security trust for the first trust for the first time.

On the other hand, A around that time delivered the blank bill in its name to the intervenors as collateral for the existing loan of this case.

B. From October 2009 to October 1, 2009, A’s debt acquisition business of over 1,000 city canal wells had no record of completing and selling two debt samples in A’s business area.

A With respect to the Intervenor around May 2010 before the maturity date of the existing loan of this case.

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