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(영문) 서울서부지방법원 2018.09.21 2017가단208044 (1)
손해배상(기)
Text

1. The plaintiffs' claims against the defendants are all dismissed.

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

Reasons

1. Facts of recognition;

A. M Co., Ltd. is a company that was the owner of the third N No. 3 N heading (hereinafter “instant heading”) and fourth P heading (hereinafter “instant P heading”), such as Guro-gu Seoul Metropolitan Government N heading (hereinafter “instant heading”), and the aforementioned heading, collectively, “the instant real estate”).

B. On September 10, 2012, M Co., Ltd. entered into a credit transaction agreement with QF (hereinafter “ Q”) by setting the corporate facility funds, the credit amount of KRW 2 billion, and the credit expiration date as 6.2% per annum until the expiration date of the credit.

M Co., Ltd. concluded a contract to establish a collateral security with the maximum debt amount of KRW 2.63 billion with respect to the instant real estate on the same day, and completed the registration of the first-class collateral security with the Seoul Southern District Court Decision 63696, Sept. 10, 2012 regarding the said real estate.

C. Meanwhile, the plaintiffs are above.

The right to collateral security claims stated in paragraph (1) and the right to collateral security claims established by Q Q, a creditor of M Co., Ltd., with the content that the right to collateral security claims was acquired in 2.25 billion won, and the right to collateral security claims was established.

It completed the registration of establishment of a pledge of the right to collateral security as stated in the paragraph.

Defendant K is a person who explained the Plaintiffs’ investment in the instant mortgage claim at S University, and Defendant L is Defendant K’s wife.

E. On the other hand, T Co., Ltd. (the latter change to I) again acquired the above claim from the said R applied for an auction of real estate rent (Seoul Southern District Court U) on the instant real estate. On January 13, 2017, the said court opened a date of distribution on January 13, 2017 and prepared a distribution schedule with the content of distributing KRW 2,885,103,386 as follows (hereinafter “instant distribution schedule”).

Creditors V: 15,00,000 15,000,000,000 9,745,570 of the dividends of the Guro-gu Seoul Metropolitan Government Office, Guro-gu, Seoul Metropolitan Government, with the highest priority lessee (O) (P) 15,00,00,000,000 of the dividends of 15,00,00.

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