logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2019.08.22 2019가단3062
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. A. Around February 9, 2002, the F purchased Yeongdeungpo-gu G Apartment H (hereinafter “instant apartment”) from the Defendant around March 20, 2002, and obtained a loan of KRW 214 million from the Defendant around March 20, 2002, and on the same day as the security for the said loan, with respect to the instant apartment, the instant apartment contract was concluded between the Defendant and the Defendant as to ① the maximum debt amount of KRW 199 million, the debtor F, and the right to collateral security (hereinafter “instant one collateral security”) (hereinafter “instant one collateral security contract”) with the Defendant, and ② the maximum debt amount of KRW 79,60,00,00, the debtor F, and the right to collateral security (hereinafter “instant two collateral security contract”) with the Defendant as the Defendant on March 21, 202.

B. At the time of the instant 1 and 2 collateral creation contract, the instant 1 and 2 collateral creation contract was made between F and the Defendant on the basis of the title “specified collateral security”, “limited collateral security” and “general collateral security” with respect to the scope of the secured debt. Under the title “general collateral security”, the title “a bill loan, deed loan, discount of notes, payment guarantee, discount of bills, sales bond transaction, mutual savings deposit transaction, bond acceptance, securities lending, foreign exchange transaction, and other credit transactions, which are to be borne by the debtor against the creditor and in the future.” However, F selected a comprehensive collateral security among the above three types: specific collateral security, namely, limited collateral security, limited collateral security, and comprehensive collateral security.

In addition, in relation to the "matters to be identified by the guarantor of security" in relation to the "matters to be identified by the type of security" in the four pages of the instant 1 and the instant 2 collateral creation contract, the debtor is currently and is liable to the creditor in relation to the scope of liability for comprehensive collateral security.

arrow