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(영문) 대구지방법원서부지원 2015.05.14 2014가합2489
배당이의
Text

1. Defendant A, among the distribution schedule prepared on May 28, 2014, with respect to the auction of real estate C in this Court, the same Court.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) jointly and severally guaranteed a loan obligation under a credit transaction agreement as described below with respect to Tae Young concrete Co., Ltd. (hereinafter “TF”) (hereinafter “TF”) and the balance of the loan principal as of July 3, 2013 is KRW 12,065,074,344.

The credit limit amount (whichever is earlier) on the date of the agreement shall be from July 16, 2008 to July 16, 2008 to July 16, 2009 to July 16, 2009 to July 16, 2008 to July 16, 2008 to July 16, 2008 to July 16, 2008 to July 16, 2008 to July 300, 300,000,000 on February 30, 200 to April 18, 2009 to April 28, 200 to April 28, 2009 to April 20, 200 to April 28, 2009 to April 20, 200 to April 208.

Since then on September 10, 2013, the Nonghyup Bank transferred all of the above loan claims to the Plaintiff, and notified the transfer of claims to Tae Young concrete on September 11, 2013.

C. As to the instant real estate with Defendant A, D entered into a contract to establish a right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) with the debtor D, the mortgagee A, the maximum debt amount of KRW 1,00,000,000 on July 14, 2010, and concluded a contract to establish a right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) with Defendant D, the mortgagee A, the maximum debt amount of KRW 1,00,000,000 on September 7, 2010, each of the right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) under Article 8949 of this Court’s receipt of the right to lease on a deposit basis (hereinafter “the right to lease on a deposit basis”) with Defendant D, the right to lease on a deposit basis with the maximum debt amount of KRW 20,000,000 on September 7, 201.

In addition, D, on April 12, 2013, concluded a mortgage agreement with Defendant B regarding the instant real estate with a debtor D, a mortgagee B, a maximum debt amount of 2,00,000,000 won (hereinafter “second collateral mortgage agreement”) and received on April 15, 2013 from this Court No. 48835.

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