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(영문) 서울서부지방법원 2018.02.21 2017가합34769
배당이의
Text

1. The contract to establish a right to collateral security concluded on May 31, 2016 between the Defendant and B regarding the real estate stated in attached Table 1.

Reasons

Facts of recognition

The Plaintiff’s payment guarantee agreement, the conclusion of credit transaction agreement, and the payment order, etc. 1) Plaintiff Gyeongnam Bank, Inc., Ltd., was merged into and terminated on August 1, 2014, and the merger took effect on the KNB Co., Ltd., and the change of the company’s trade name to the KNF Bank, Inc. (hereinafter “Plaintiff”).

(2) On April 30, 2012, Defendant D Co., Ltd. (the representative director B; hereinafter “Co., Ltd.”) omitted all the entry of “Co., Ltd.”.

In addition, the term “$1,500,000” refers to all U.S. dollars. The term “$1,500,000” was extended by April 30, 2013 (after that, until April 30, 2016).

(1) The Plaintiff entered into a payment guarantee transaction agreement with D with the Plaintiff on the following grounds: (a) B entered into a payment guarantee transaction agreement; (b) B entered into a payment guarantee transaction agreement with D on May 24, 2012; and (c) B entered into an additional agreement with D on the payment guarantee agreement with D on the payment guarantee ceiling amounting to USD 4,500,000; and (b) B entered into an additional joint and several guarantee agreement with D on the debt of D with the Plaintiff at USD 5,400,000,000; and (c) B entered into the first joint and several guarantee agreement with D on the payment guarantee amount to USD 5

(2) On November 16, 2012, the Plaintiff concluded a general loan transaction agreement with E (representative director B) on a credit limit of KRW 5 billion, and on November 16, 2017, the due date for repayment, and lent KRW 5 billion to E (5 billion). B made a joint and several guarantee for the debt of E’s above loan amount as KRW 6 billion (hereinafter “second joint and several guarantee”).

3) On November 16, 2012, the Plaintiff extended the credit limit of KRW 20 billion and the due date of repayment on November 16, 2013 ( thereafter, until November 16, 2016).

) A business short-term general loan transaction agreement is concluded, and 20 billion won was lent to E, and B shall provide joint and several sureties (hereinafter referred to as “third joint and several sureties”) for the debt of E’s loans with the maximum guarantee limit of 24 billion won.

4) .

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