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Reasons
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(영문) 대전지방법원 서산지원 2018.10.04 2018가합50347
제3자이의
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1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On January 4, 2012, the Plaintiff loaned KRW 1.32 billion from E Union, and completed the registration of creation of a mortgage over each of the instant real estate owned by the Plaintiff to E Union, with respect to each of the instant real estate owned by the Plaintiff.

B. On October 28, 2013, the Plaintiff: (a) held a board of directors to determine the Plaintiff’s F’s claim amount as KRW 1.1 billion; (b) KRW 80 million; and H and I’s claim amount as KRW 60 million; and (c) subsequently determined the amount of claim through an accounting appraisal; (b) KRW 97 billion out of F’s claim 1.1 billion to G; (c) transferred the remainder of KRW 1.7 billion to Defendant D; (d) KRW 177 billion of G’s claim + KRW 97 billion of existing claim + KRW 300 million of credit acquired from F; (e) KRW 300,000,000 of the previous claim + KRW 177 billion of credit; and (e) KRW 200,000,000 of the previous claim amount to KRW 3700,000; and (e) KRW 1700,000,000 of the previous claim amount to KRW 3700,00,000.

According to the above resolution of the board of directors, the maximum debt amount of each of the instant real estate in the same day was KRW 1.5 billion, and the debtor, the plaintiff, the mortgagee, and the mortgagee, completed the registration of establishment of a neighboring mortgage with Defendant D, H, and I

C. The Plaintiff, Defendant D, and F are above the F on October 28, 2013.

Subject to the transfer of the claim amounting to KRW 1.03 billion against the plaintiff to the defendant D, the whole of the mixed beverage production facilities owned by the defendant D was taken over, and the F entered into an agreement on the transfer of the claim to transfer the above production facilities to the plaintiff later.

After December 30, 2013, the Plaintiff and Defendant D entered all books, such as the mixed beverage production facilities, raw materials, and fixtures owned by Defendant D.

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