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(영문) 수원지방법원성남지원 2019.02.15 2017가단219231
배당이의
Text

1. The plaintiff's claims against the defendant (appointed party) and the defendant B are all dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

Reasons

Basic Facts

B. On May 17, 2004, H Co., Ltd. (hereinafter referred to as “the Bank”), the Bank of Korea, on May 17, 2004

B) Between H and B entered into a comprehensive mortgage agreement to secure the present and future obligations with respect to the Industrial Bank of Korea, and accordingly, H and C land of three parcels, including the land for factory I in Gwangju-si, Gwangju-si, and one unit of its ground factory (hereinafter “instant factory real estate”).

As to the maximum debt amount, KRW 540,00,00, the registration of creation of a mortgage with the Industrial Bank of Korea of the debtor H and the mortgagee was made on May 17, 2004 with the Suwon District Court Sung-nam Branch Office of Seoul District Court No. 28627, May 17, 2004 (hereinafter “instant first priority mortgage”).

(2) On July 13, 2006, the Plaintiff entered into a credit guarantee agreement with H as to the repayment obligation of loans extended by H from the Industrial Bank of Korea, the guaranteed amount of KRW 246,50,000, and the guaranteed rate of KRW 85% (hereinafter “the instant credit guarantee agreement”) and issued a credit guarantee certificate to H, but the said special agreement is as follows.

1. Loans shall be handled only for the funds for restructuring of Gyeonggi-do (facility site) in 2008, which are determined to be subsidized by the representative director of the plaintiff;

2. The factory real estate of this case shall be at least 120% of the principal loan and shall be loaned and handled in accordance with the principal guarantee document after the establishment of the second second priority mortgage.

3. After the construction of machinery on the instant factory real estate, the Industrial Bank of Korea granted a loan of KRW 290,00,000 to H as a collateral, and acquired a collateral by adding the list of the second-class collateral under the Factory Mortgage Act (not being added to the list of the first-class collateral) to the second-class collateral security under the Factory Mortgage Act. The Industrial Bank of Korea maintained the first-class collateral security (not less than 50%) and cannot use the second-class collateral as a collateral for the instant loan until the said guarantee is terminated in full (hereinafter “the instant collateral loan”).

H. 4) H. H.

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