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(영문) 창원지방법원 마산지원 2017.02.10 2016가단101177
손해배상(기)
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 September 19, 2011, the Defendant: (a) extended loans to, and set up a right to collateral security for, the funeral industry; (b) On September 19, 201, the Defendant is a long-term funeral industry company

() As a security for lending KRW 1,067,00,000 to 1,067,000, the Daegu District Court: (a) established a collateral on the maximum debt amount of KRW 1,288,00,000 for a factory site of KRW 754, 297, Dong-gu, Seoul Special Metropolitan City on September 19, 201, under the receipt of 51061 on September 19, 201; (b) established a collateral security right of KRW 1,28,00 for a factory site of KRW 754,219, 757,055 square meters prior to the merger; (c) on the same date, the said 756,757 land was combined with the previous 7544 square meters for a factory site of KRW 754,297 on December 22, 2011; and (d) the area was 4,297 square meters for a size of land.

(2) On December 21, 2011, the Defendant: (a) completed the registration of creation of a neighboring mortgage as of December 21, 201 under the Daegu District Court Decision 754, 755 Ground Factory Building No. 698, Jun. 21, 201; and (b) changed each of the above collateral security to a factory collateral security under Article 6 of the Factory and Mining Foundation Mortgage Mortgage Act; and (c) changed each of the above collateral into a factory collateral security under Article 6 of the Building and Mining Foundation Mortgage Act.

(hereinafter “instant collateral security”). B.

On May 9, 2013, the Defendant converted the above loan to the Defendant’s substitute loan through the Plaintiff (indirect loan that a public institution lends funds to an enterprise to be loaned to the relevant enterprise after examining and evaluating the loan) on the basis of an agreement between the Plaintiff and the principal industry at the request of the principal industry. On the same day, the Defendant entered into a contract for the transfer of the right to collateral security with the Plaintiff and the Defendant on the same day, and completed the additional registration of the transfer of the right to collateral security on the ground of the transfer of the right to collateral security in the future (Seoul District Court Decision 27262, May 9, 2013, 201). Then, the principal industry delayed the repayment of the loan to the Plaintiff, and the principal industry did not pay the loan to the Plaintiff on the ground of the transfer of the right to collateral security.

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