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(영문) 광주지방법원목포지원 2014.01.28 2013가합10180
배당이의
Text

1. It was drawn up by the said court on February 28, 2013 with respect to the Gwangju District Court B and C (Duals) auction of vessel.

Reasons

1. Basic facts

A. On September 14, 2009, Defendant Gwangju Bank (hereinafter “Defendant Gwangju Bank”) lent KRW 2.7 billion to D Co., Ltd. (hereinafter “D”) and changed the name to F on January 17, 2015, owned by the said D, with regard to class 4915 tons class E (F on January 17, 2013; hereinafter “instant vessel”) (hereinafter “instant vessel”), concluded a contract to establish the first-class collateral security (hereinafter “instant collateral security”) with a maximum debt amount of KRW 3.24 billion as to the said vessel, regardless of whether before or after the change of its name, and completed the registration on the same day.

B. On September 15, 2010, the Plaintiff leased D KRW 2 billion to D. On the same day, the Plaintiff was set up a second priority collective security with respect to the instant vessel with the maximum debt amount of KRW 2.6 billion.

C. Meanwhile, prior to the loan of KRW 2.7 billion in the above “A”, the Defendant bank loaned KRW 470 million to D on October 4, 2002. At the time, the Defendant Credit Guarantee Fund (hereinafter “Defendant Fund”) entered into a credit guarantee agreement between D and D with the above amount as KRW 39.5 million in terms of the guaranteed principal, the term of the guarantee was 39.5 million in terms of the guaranteed principal, and the term of the guarantee was 320.4 billion in terms of the guaranteed principal at D’s request, and the term of the guarantee was finally changed to September 28, 2012.

However, following the merger into G Co., Ltd. on December 19, 2011 (hereinafter “G”), the Defendant bank filed a claim for the performance of the guaranteed obligation with the Defendant Fund. Accordingly, on February 22, 2012, the Defendant Fund subrogated the Defendant Bank to pay for the total amount of KRW 323,202,314, and completed the additional registration of partial transfer of the instant collateral security on the same day as the date when it subrogated the Defendant Bank to pay for the total amount of principal and interest of KRW 323,202,314.

As to the instant vessel, the judgment of voluntary auction was rendered on May 8, 2012 at the request of the H and 12 maritime lien holders, and the Defendant bank filed an application for auction based on the right to collateral security (hereinafter “instant court”).

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