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(영문) 서울북부지방법원 2016.09.23 2015가단34991

배당이의

Text

1. The distribution schedule prepared by the above court on August 10, 2015 with respect to A Real Estate Auction case at Seoul Northern District Court A.

Reasons

1. Facts of recognition;

A. The Plaintiff has a claim equivalent to the principal and interest amounting to KRW 3,072,753,842 (the principal and interest amounting to KRW 420,564,590 as of August 10, 2015, interest amounting to KRW 2,652,189,252) as of August 10, 2015.

B. On August 21, 200, the Defendant entered into a limited transaction guarantee agreement (hereinafter “instant guarantee agreement”) with Nonparty C Co., Ltd. on tender guarantee, general guarantee, payment guarantee, etc. (hereinafter “C”), and the representative director B of C jointly and severally guaranteed all obligations arising from the said guarantee agreement.

Since then, while entering into a subcontract for the steel reinforced concrete construction work from Hyundai Construction Co., Ltd., the Defendant applied for a warranty of defects to the Defendant in sequence, and the Defendant issued a warranty bond issued by November 25, 200 as follows: (a) and (b) the warranty bond issued by July 16, 202, as follows: < Amended by Presidential Decree No. 17170, Jul. 16, 2002>

E D

C. On May 18, 2002, the Defendant entered into a mortgage agreement with each maximum debt amount of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,0000,0000,0000,000,0000,000,000

Around July 31, 2014, the Defendant filed an application with the Seoul Central District Court for a payment order seeking reimbursement of KRW 236,911,592 for the advance reimbursement order against B, as Seoul Central District Court Decision 2014Da42315, and damages for delay thereon, and the payment order was finalized on August 28, 2014 upon receiving such payment order from the said court.

E. Meanwhile, with respect to the instant real estate owned by B, the Plaintiff filed a provisional attachment registration with the Seoul Northern District Court (Seoul Northern District Court No. 30595, May 28, 2002, No. 30595, and No. 403, June 15, 2002, respectively, as to the instant real estate No. 402. 33845.