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(영문) 대구지방법원서부지원 2014.06.26 2014가합827
배당이의
Text

1. The plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. The Plaintiffs are those who supplied goods, etc. to SPD Co., Ltd. (hereinafter “Plaintiff PPD”) with the principal of KRW 158,804,00 for SPD Co., Ltd. (hereinafter “Plaintiff PPD”), the principal of KRW 27,830,00 for Plaintiff A, the principal of KRW 88,67,708 for Plaintiff B, the principal of KRW 88,67,708 for Plaintiff A, and the Plaintiff PPD Co., Ltd. (hereinafter “Plaintiff PP”) for the principal of KRW 71,270,00 for Plaintiff PPD (hereinafter “Plaintiff PP”), and the principal of KRW 168,373,233 for Plaintiff A.

B. On June 26, 2012, S. (i.e., the instant real estate) completed the registration of creation of a collateral on the ground of a mortgage agreement (the maximum amount of KRW 600 million; hereinafter “mortgage agreement”) to the Defendant on June 25, 2012, as the Daegu District Court No. 80435, the registration of creation of a collateral was completed on June 25, 2012.

C. The current status of the instant real estate at the time of entering into the instant mortgage contract: (a) on April 11, 201, prior to the conclusion of the instant mortgage contract, Korea Bank entered each of the instant real estate (E ownership, hereinafter “attached 2”) in the separate sheet Nos. 2011-225, and Nos. 6 of the Mining Foundation Mortgage Act between NA and E on the same day.

(2) At the time of entering into the instant mortgage agreement, each mortgage agreement with the maximum debt amount as KRW 1,020,000 was concluded, and each mortgage establishment registration was completed on April 11, 201 with respect to the instant real estate as the receipt of the deputy branch branch of the Daegu District Court on April 11, 201, as the receipt of the deputy branch of the Daegu District Court on April 14, 2011, as the receipt registration office of the deputy branch of the Daegu District Court on April 14, 201, as the receipt registration office of the senior branch of the Seo-gu District Court on April 14, 2011. (2) At the time of entering into the instant mortgage agreement, the sum of the principal out of the obligations secured by the joint collateral security agreement under the name of the bank exceeds KRW 1,122,137

On September 24, 2012, the 1 Daegu District Court in progress of the auction process of the instant real estate and the Western District Court in the 1 Daegu District Court.

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