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(영문) 서울중앙지방법원 2017.06.13 2017나11550
양수금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Defendant’s conclusion of a guarantee contract and the Plaintiff’s acquisition of the Plaintiff’s claim 1) our bank (hereinafter “Korea bank”).

(A) On November 14, 2012, the term “P&A health” (hereinafter referred to as “P&A health”) means the health of P&A life.

50,000,000 won was lent to a company facility as a general fund (hereinafter “instant loan”).

(2) On December 17, 2014, the Defendant entered into a limited collateral guarantee agreement with respect to the above loan obligations at KRW 60,000,000. (2) The instant loan claims were assigned in sequence to the Union Asset Management Co., Ltd. on December 17, 2014, and the Plaintiff on December 30, 2014. Around that time, the notice of the assignment of claims was given to the life health of F&P.

B. On the other hand, on October 26, 2012, our bank lent KRW 820,000,000 to the life health of F&P as a general fund for business facilities (hereinafter “the instant separate loan”).

In order to secure all obligations (including interest, delay damages, and other incidental obligations) that are currently and future due to loan transactions with us bank, the L&W set up a collateral security agreement of KRW 1,044,00,000 with respect to B land for factory and on-ground factory buildings, machinery, equipment, etc. within a factory building in a public city (hereinafter “mortgage-mortgage agreement”).

The contents of the mortgage contract of this case concerning the incidental obligation are as follows.

(3) Article 4 (2) of the General Terms and Conditions for Credit Transactions shall apply mutatis mutandis to cases where expenses to be borne by a debtor or a pledger, such as expenses to be borne by the debtor or the pledger pursuant to paragraph (2), expenses for possession or management of the articles on collateral security, expenses for the exercise of the right to collateral security due to the debtor's default, etc., are paid on behalf of a creditor.

Article 7 (1) Establishment of an insurance contract.

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