beta
(영문) 수원지방법원 2016.08.25 2016가단509293

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 June 23, 2008, the Plaintiff provided credit guarantee for the principal and interest obligation owed to the Bank by E, a stock company E (hereinafter “E”) at the time of receiving a loan of KRW 170 million from the Industrial Bank of Korea.

B. The Industrial Bank of Korea has concluded a contract on the establishment of a mortgage on August 26, 2008 with respect to land and factory buildings owned by E (hereinafter “the instant real estate”); ① the maximum debt amount of KRW 1.8 billion (No. 130903, Nov. 13, 2008; hereinafter “the first priority mortgage”); ② the amount of KRW 1.8 billion (No. 201500, Nov. 13, 2008; hereinafter “the second priority mortgage”); ③ the Industrial Bank of Korea has concluded a contract on partial repayment of dividends to the Plaintiff on November 13, 2008 with the maximum debt amount of KRW 2.4 billion (hereinafter “the first priority mortgage”). The Plaintiff completed the contract on partial repayment of the secured debt amount of KRW 7.4 billion (the first priority mortgage amount of KRW 4.7 billion) with the Seoul District Court’s registry office; and the amount of the secured debt amount of KRW 7.5 billion (the third priority mortgage amount of KRW 4.7.4.7.7408).7).7.7