배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 22, 2011, New Bank Co., Ltd. (hereinafter “New Bank”) completed the joint establishment registration of mortgage (hereinafter “instant collateral security”) with respect to each real estate and machinery, equipment, etc. listed in the separate sheet owned by luminous Tech (hereinafter “instant real estate”) in order to secure a claim for a loan to luminous Tech Co., Ltd. (hereinafter “Masung Tech”). < Amended by Act No. 1130, Oct. 22, 2011, the joint collateral security (hereinafter “instant collateral security”).
B. On June 24, 2014, the Plaintiff entered into a credit guarantee agreement with regard to the obligations of loans to the Masung-Tech, and thereafter, the Plaintiff entered into a contract for partial transfer of collateral security with the new bank on behalf of the Masung-Tech by subrogationing KRW 562,83,717 on the ground of a credit guarantee accident with the Masung-Tech. On June 25, 2014, on the instant real estate, the Plaintiff completed the additional registration for partial transfer of collateral security based on the payment by subrogation among the instant collateral security, with regard to the instant real estate, based on the transfer amount of the fixed amount of payment by subrogation as the transfer amount of the fixed amount of the claim by subrogation.
(hereinafter the Plaintiff acquired the foregoing 562,833,717 won and the right to collateral security (hereinafter “Plaintiff’s partial right to collateral security and secured right”). The transferee of the right to collateral security: The Plaintiff’s transferee of the right to collateral security: (a) the order of appropriation for the amount of dividends under the instant right to collateral security (including the amount of dividends and recovered) is as follows:
1. The remaining claims and related subordinate liabilities as of the dividend date of guaranteed loans of which part has been terminated by the special agreement for guarantee after the execution of the guaranteed loan to the transferor (creditor) on November 18, 201;
2. The difference between the overdue interest and the agreed interest accrued until the date of discharge of the guaranteed obligation with respect to the remaining guaranteed loan after the partial termination of the guaranteed side loan as of November 18, 201 to the debtor of the transferor;
3. On November 201, 201, to the debtor by the transferor;