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(영문) 인천지방법원부천지원 2015.01.22 2014가합7093
근저당권말소
Text

1. The part of the instant lawsuit against the Defendant Credit Guarantee Fund shall be dismissed.

2. The plaintiff's Industrial Bank of Korea.

Reasons

1. Basic facts

A. From November 29, 2004 to April 2, 2012, the Defendant Industrial Bank of Korea concluded a credit transaction agreement with B on a total of eight occasions as shown in the following [Attachment 1].

[Attachment 1] On November 29, 2004, the loan amount of No. 1,180,000 UN Loan for Facilities in Foreign Currency on November 29, 2004, KRW 150,000,000 on June 26, 2006, KRW 45,000,000,000 for Small and Medium Enterprise Loan 25,000 on January 15, 2010, KRW 30 million on May 18, 2010, KRW 60,000,000 for Small and Medium Enterprise Loan 8,000,000 won on September 30, 201, KRW 7,000,000 for Small and Medium Enterprise Loan 11,50,000,000 won on August 1, 201.

B. Meanwhile, from November 29, 2004 to April 30, 2008, the Defendant Industrial Bank of Korea concluded a mortgage contract with B more than five times as follows, and accordingly completed the registration of establishment of each of the real estate listed in the separate sheet owned (hereinafter “instant real estate”).

[Attachment 2-1] Acceptance of the court of this Court No. 6298, Nov. 29, 2004, which received No. 140895, Nov. 29, 2004, which received No. 140896, Nov. 13, 2004, which received No. 140896, Nov. 18, 2005, which received No. 6620, Nov. 4, 2005, which received No. 6620, Nov. 1, 2006, which received No. 17297, Apr. 30, 2005, which received No. 17297, Dec. 6, 2006, which received No. 500,000 won

C. Each contract prepared at the time of the establishment of each of the above collective security rights was selected as a "comprehensive collateral security" among the three types of collateral security, limited collateral security, and comprehensive collateral security, but on October 5, 2012, the defendant Industrial Bank of Korea and B entered into an agreement on the alteration of the establishment of the collective security right with the content of changing the scope of each of the aforementioned collateral security obligations to the "comprehensive collateral security" with regard to the scope of each of the above modified contracts. The debtor's loans for small and medium enterprises to the creditor.

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