(영문) 광주지방법원 2016.09.23 2015가단516385

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(영문) 광주지방법원 2016.09.23 2015가단516385

배당이의

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1. The Gwangju District Court A and B (Duplicate) drafted on June 24, 2015 by the same court with respect to the auction case of real estate.

Reasons

1. Facts of recognition;

A. On August 6, 2009, the Plaintiff issued a guarantee certificate to the Defendant, “The amount of guarantee: 211,500,000,000, the amount of loan to the Defendant: Nonparty Company, the amount of loan to the surety: 235,00,000, and the rate of guarantee: 90%,” and entered into a guarantee agreement with the Defendant.

B. On September 28, 2009, the Defendant lent KRW 234,000,00 to the non-party company (hereinafter “the instant lease”). On the following day, the Defendant was granted the right to collateral security (hereinafter “the right to collateral security”) with respect to the land in the dam-gun, several factories, and various machinery, etc. located on several lots of land, including the land, and on several factories, factories, and factories, which are located on several lots of land.

(2) Of the terms and conditions applicable to the lending of this case and the terms and conditions related to the instant mortgage contract, the part related to the instant case is as follows.

Article 3 (Supplementary Obligations) (1) Where the defendant has requested cooperation from the defendant to preserve his/her rights, such as expenses incurred in the preservation, exercise, preservation, collection or disposal of his/her claims against the debtor, expenses incurred by the defendant.

(2) If the defendant has paid the expenses referred to in paragraph (1) on behalf of the defendant, the debtor shall immediately repay them and, if he/she delays the repayment, pay the amount paid on behalf of the defendant plus damages for delay from the day following the date of the substitute payment to the actual payment date

Article 1 (Establishment of Collateral Security Contract)

1. The defendant explained that the scope of the secured obligation may choose any one of the following two types different from the scope of the secured obligation, and as security for the obligation as provided by the specific collateral (including interest, damages for delay, and other incidental obligation):

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