배당이의
1. Of the distribution schedule prepared on February 21, 2017 by the said court with respect to voluntary auction cases involving Suwon District Court A and B (Dual).
1. Determination on the cause of the claim
A. (1) On August 13, 2009, the Plaintiff entered into a credit guarantee agreement with C Co., Ltd. (hereinafter “Nonindicted Company”) on August 13, 2010, wherein the term of guarantee is 200,000,000 won, and the term of guarantee is 171,00,000,000 won for the guaranteed principal, and the term of guarantee was changed later on several occasions (the term of guarantee was changed later to February 5, 2016, respectively). D, E, and F jointly and severally guaranteed the debt owed by the Nonparty Company in accordance with the credit guarantee agreement.
(2) On August 14, 2009, the non-party company took out a loan of KRW 200,000,000 from the National Bank (hereinafter “National Bank”) as collateral for a credit guarantee certificate issued by the Plaintiff pursuant to the above credit guarantee agreement, but lost the benefit of time on November 30, 2015 by delinquency in the interest of the above loan.
(3) On January 7, 2016, a national bank notified the Plaintiff of the occurrence of a guarantee accident due to non-party company’s delinquency in payment of interest, and filed a claim for the performance of the guaranteed obligation. On March 10, 2016, the Plaintiff subrogated to the national bank the principal and interest of the loan amount of KRW 174,144,558.
(4) On March 30, 2015, D entered into a mortgage agreement with the Defendant regarding the real estate listed in the separate sheet, which is the only real estate owned by the Defendant (hereinafter “instant real estate”), with the maximum debt amount of KRW 120,000,000, and the debtor’s MP holding company MS. (hereinafter “instant mortgage agreement”). On March 31, 2015, D completed the registration of the establishment of the neighboring real estate as the Suwon District Court registry No. 54682, Mar. 31, 2015 regarding the instant real estate.
(5) On July 9, 2015, upon the Defendant’s application, the auction procedure was conducted to Suwon District Court A with respect to the instant real estate. On February 21, 2017, the court of execution prepared a distribution schedule with the content that, on the date of distribution of the said auction procedure, KRW 30,916,651 out of the proceeds of the sale of the instant real estate, was distributed to the Defendant, a mortgagee, in the second order.
The plaintiff is the plaintiff.