배당이의
1. It was drawn up by the above court on October 31, 2013 with respect to the case of the voluntary auction of real estate D with the Incheon District Court Branch.
1. Basic facts
A. On March 14, 2012, Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”) concluded a credit guarantee agreement with the Plaintiff on March 13, 2013 (hereinafter “instant guarantee”) whereby the term of guarantee would be KRW 100,000,000, and the term of guarantee would be March 13, 2013, and thereafter, borrowed KRW 100,000,000 from one bank. According to the instant guarantee, Nonparty Co., Ltd. (hereinafter “Nonindicted Company”) jointly and severally guaranteed the liability of indemnity that Nonparty Company owes to the Plaintiff.
B. Through the instant guarantee, the non-party company agreed to pay the amount of the guaranteed obligation to the Plaintiff as a result of its performance of the guaranteed obligation, damages for delay in accordance with the rate determined by the Plaintiff, and the expenses incurred in the preservation, transfer, and exercise of the right acquired through the performance of the guaranteed obligation.
C. However, as to the instant guarantee on July 23, 2012, there was an accident of guarantee due to the Non-Party Company’s business depression and the shortage of funds. Accordingly, on September 17, 2012, the Plaintiff subrogated to the Han Bank for the payment of KRW 101,052,054, which is the principal and interest of the Non-Party Company’s above loan obligation (= Principal KRW 100,000,000,052,054).
On June 5, 2012, F entered into a mortgage agreement with Defendant C regarding each of the real estate listed in the separate sheet (hereinafter “instant real estate”) that is its sole property in excess of the debt (hereinafter “instant mortgage agreement”) with the maximum debt amount of KRW 620,00,000,00, and the establishment registration of the neighboring mortgage was completed on June 8, 2012 to Defendant C as the receipt of the Kimpo registry office of this Court on June 8, 2012.
E. As to the instant real estate, the instant auction procedure (hereinafter “instant auction procedure”) began with the court D, the Plaintiff, as the creditor of provisional seizure (Seoul Southern District Court 2012Kadan7535, 100,000, the claimed amount of KRW 100,000).