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(영문) 춘천지방법원원주지원 2015.11.27 2015가단34214

배당이의

Text

1. It was prepared by the said court on July 29, 2015 with respect to the case of a voluntary auction of real estate A in the original Chuncheon District Court A.

Reasons

1. Facts of recognition;

A. On December 28, 2012, the Plaintiff, having the Industrial Bank of Korea as a creditor, issued a credit guarantee certificate with the Guarantee Number 7012012020278, the guaranteed amount of KRW 270 million (90% of the guaranteed amount), the guarantee period of KRW 270 million on December 28, 2017, and the credit guarantee certificate with the guarantee period of KRW 300 million as of December 28, 2017, with the said credit guarantee certificate as collateral set forth above as 4.824% per annum and the overdue interest rate of KRW 11% from the Industrial Bank of Korea.

On July 10, 2013, the Plaintiff paid to the Industrial Bank of Korea KRW 275,715,411 on November 28, 2013 due to credit guarantee accidents arising from natural vehicles.

B. Accordingly, on November 12, 2014, the Plaintiff filed a lawsuit against Han Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa Pa

C. On January 9, 2013, the Industrial Bank of Korea concluded a mortgage contract on each real estate listed in the separate sheet with Han Pafafaf and completed the registration of creation of a mortgage on the aggregate of KRW 240 million with the maximum debt amount as stated in the separate sheet No. 1231 on the same day. ② On January 9, 2013, the Industrial Bank of Korea concluded a mortgage contract on each real estate and each factory listed in the separate sheet and each mining foundation mortgage agreement on Article 2013-3 of the separate sheet No. 6 of the Mining Foundation Mortgage Act (hereinafter “each of the instant real estate, etc.”) and completed the registration of establishment of a mortgage on the same day with the main branch court of Chuncheon District Court No. 1232 with the maximum debt amount of KRW 360,000,000.

(hereinafter the above right to collateral security (hereinafter “instant right to collateral security”) D.

On November 28, 2013, the date of the said subrogation, the Plaintiff entered into a contract for partial transfer of the right to collateral security (hereinafter “instant contract for partial transfer of collateral security”) with the Industrial Bank of Korea to transfer part of the instant right to the Plaintiff, and the partial transfer of the right to collateral security (275,715,411) with respect to the registration of partial transfer of collateral security on December 3, 2013.