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(영문) 부산지방법원 2016.02.18 2015가단217832
구상금
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

Basic Facts

On July 5, 2014, I died, and at the time of death, I was the wife, E, Defendant B, C, and D, the wife.

E died on November 24, 2014, and at the time of death, E had wife F, G, children, and H.

On September 10, 2010, E, who carried on business under the name of J, entered into a credit guarantee agreement with the Plaintiff on September 10, 201 with respect to the loan of KRW 30 million from the Busan Bank until September 9, 201 (Evidence A; hereinafter “instant credit guarantee agreement”); and E submitted a credit guarantee agreement (Evidence A) under the instant credit guarantee agreement to the Busan Bank and received a loan of KRW 30 million from the said Bank around that time.

The instant credit guarantee agreement extended the guarantee term on a one-year basis thereafter, and finally extended the guarantee term on September 9, 2014 as of September 9, 2015.

E, as regards the real estate listed in Appendix I List 1 (hereinafter referred to as “one real estate”) owned by E, which is referred to January 7, 201, set the first priority mortgage (hereinafter referred to as “first priority mortgage”) with the maximum debt amount of KRW 180 million, E, and Busan Bank, with respect to the real estate set forth in Appendix I List 1 (hereinafter referred to as “one real estate”), and the same year.

3. As to the real estate on September 1, 200, the lower priority mortgage was created with respect to KRW 120 million with respect to the real estate as the debtor E, the creditor E, and the creditor Busan Bank (hereinafter “second priority mortgage”); on the same day, the superficies was created with respect to one real estate as the Busan Bank with respect to the superficies (hereinafter “two superficies”); on May 4, 201, the building under the title E on the ground of real estate (hereinafter “instant building”) was added as the joint collateral for the second priority mortgage and the second priority mortgage; on October 13, 2011, the lower court set up three priority mortgages with respect to the real estate and the instant building as the debtor, the debtor, and the creditor bank as the Busan Bank.

hereinafter referred to as "third collateral security".

E. The amount of money from Busan Bank as security for 1 to 3 collateral security.

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