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(영문) 수원지방법원 2017.08.17 2016가단805670

배당이의

Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On September 30, 2009, the Plaintiff entered into a credit guarantee agreement with Nonparty B as to the principal of the credit guarantee with Nonparty B as KRW 66.5 million, and from September 30, 2009 to September 29, 2010, B borrowed KRW 70 million from the Industrial Bank of Korea on September 30, 2009 on the basis of the credit guarantee agreement issued by the Plaintiff pursuant to the said credit guarantee agreement.

B. On September 23, 2014, the Plaintiff and B changed the term of guarantee to September 25, 2015, the term of guarantee to KRW 39,225,969, and the term of guarantee to September 25, 2015.

C. According to the above credit guarantee agreement between the Plaintiff and B, in the event that the Plaintiff performed the guaranteed obligation under the above agreement, B agreed to pay damages according to the interest rate set by the Plaintiff within the scope of 25% per annum as stipulated in Article 35 of the Credit Guarantee Fund Act.

The interest rate determined by the Plaintiff pursuant to the above provisions shall be 18% per annum from January 1, 1999 to May 31, 2005, and 15% per annum from the next day to November 30, 2012, and the next day to 12% per annum.

B on November 18, 2014, the Industrial Bank of Korea lost the benefit of the time limit for the above loan obligation, and the Plaintiff subrogated for KRW 39,424,972 on December 3, 2014 to the Industrial Bank of Korea.

E. On November 7, 2014, B completed the registration of ownership transfer on November 6, 2014 with respect to each real estate listed in the separate sheet to C on November 7, 2014.

F. On November 27, 2014, C completed the registration of creation of a mortgage with regard to each real estate listed in the separate sheet, the mortgagee of the right to collateral security as Nowon Saemaul Depository, and the maximum debt amount as KRW 180,70,000.

G. On November 28, 2014, C concluded a mortgage agreement with the mortgagee E, the maximum debt amount of which is KRW 42 million with respect to each real estate indicated in the separate sheet, and completed the registration of creation of each collateral on December 17, 2014 (hereinafter “the registration of creation of a mortgage”).

On November 11, 2016, the defendant is liable for the transfer of confirmed bonds. < Amended by Presidential Decree No. 27579, Nov. 1, 2016>