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(영문) 인천지방법원부천지원 2015.10.23 2014가합10167
제3자이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The parties concerned are companies with the purpose of acquiring securitization assets under the Asset-Backed Securitization Act, etc. B (the representative C, hereinafter “B”), D Co., Ltd. (the representative C, hereinafter “D”), and E Co., Ltd. (the “E”) are companies with the purpose of manufacturing and selling each wire, and G (the father of the above C) is substantially operating B and D.

B. On February 17, 2011, the Plaintiff, B, etc., entered the contract for a loan for consumption of money and the contract for establishing a security for transfer (hereinafter “VOE”) into with the machinery and tools listed in the attached Table 1 [Attachment I, J, and 9, which were owned by B in the auction procedure for H real estate rent of H in this Court, and the attached Table I, J, and J-based factory building and factory building] in the above case.

Since then, G requested the Plaintiff to lend money from the Foreign Service Center for the purchase of the machinery listed in the attached Table 1 list, and the Plaintiff, on September 8, 2011, as the Plaintiff lent KRW 200 million to B and D on September 7, 201, set up a notarial deed of a monetary loan agreement (No. 1191, No. 1191, No. 201, No. 1191, No. 1191, Sept. 2, 201) that contains such contents.

At the same time, the Plaintiff entered into a contract for transfer security (hereinafter “instant contract for transfer security”) with respect to the machinery listed in the attached Table 2 [Attachment No. 4-2] [Attachment No. 1] of the appraisal document (attached Table No. 4-2) prepared by a senior certified public appraiser office in the above H case, which contains the same content as of September 8, 201, in order to secure a loan claim of KRW 200 million, the Plaintiff entered into a contract for transfer security (hereinafter “instant contract for transfer security”).

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