logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 의정부지방법원고양지원 2020.05.13 2019가단14199
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On May 11, 2016, the Industrial Bank of Korea concluded a credit transaction agreement with D (hereinafter “Nonindicted Company”) on a loan for small and medium enterprise facilities of the account, the amount of credit limit (230,000,000 won). On the same day, with respect to the non-party company’s equity (hereinafter “the instant real estate”) among the above above ground buildings and F roads, the non-party company’s joint collateral loan agreement with the Industrial Bank of Korea (hereinafter “the instant real estate”) was concluded on June 20, 201 with respect to the non-party company’s loan for facilities of small and medium enterprises, and with respect to the non-party company’s equity interest (hereinafter “the instant real estate”), the Industrial Bank of Korea established a guarantee agreement with the non-party company for the alteration of the maximum debt amount (hereinafter “the instant secured mortgage agreement”) as the secured debt amount 276,000,000 won, and the Industrial Bank of Korea as the secured debt amount 20,015.

B. On May 31, 2017, the Plaintiff leased KRW 200,000,000 to Nonparty Company and KRW 50,000,000 on July 12, 2017, and KRW 50,000 on January 30, 2018, respectively.

On May 31, 2017, with respect to the real estate in this case, the apartment complex located in Gangseo-gu Seoul Metropolitan Government, and the forest land located in Gyeonggi-gu HH, the non-party company set up a joint collateral security (hereinafter “instant Defendant’s collateral security”) with the maximum debt amount of the non-party company’s debt against the Plaintiff as the secured debt amount, as the Plaintiff of the right to collateral security (hereinafter “the instant mortgage”).

C. The auction procedure commenced upon the application of the Industrial Bank of Korea for the preparation of the distribution schedule (hereinafter “instant auction procedure”) is as follows.

arrow