beta
(영문) 수원지방법원 2019.01.17 2018가단524272

배당이의

Text

1. Of the distribution schedule prepared by the above court on May 28, 2018 with respect to the Suwon District Court D D's auction of real estate.

Reasons

Facts of recognition

Upon entering into a credit guarantee agreement and the Plaintiff’s joint and several sureties, the Plaintiff entered into a credit guarantee agreement with F Co., Ltd. (hereinafter “Nonindicted Company”) with the following contents, and the Nonparty Company received a loan from a financial institution in accordance with each of the instant credit guarantee agreements.

On July 14, 2016, the guaranteed principal of the guaranteed principal on the date of the guarantee agreement, which was the date of the guarantee agreement, was to be paid by the non-party company at the rate of interest determined by the Plaintiff (from December 1, 2012 to January 31, 2016, KRW 1.00 billion on July 15, 2016, KRW 500 million on October 14, 2017, KRW 28 billion on October 14, 2017, KRW 500,000,000, KRW 660,000,000 on October 14, 2016, KRW 25,000,000,000 to the Plaintiff when the Plaintiff performed the credit guarantee obligations at the time of each credit guarantee agreement in this case, and the interest and interest thereon, within the limit of 25% per annum from the following day to January 31, 2016).

E, the representative director of the non-party company, under each credit guarantee agreement of this case, has jointly and severally guaranteed the debt owed by the non-party company to the plaintiff.

On the other hand, according to each credit guarantee agreement of this case, the plaintiff may claim in advance the amount guaranteed by the plaintiff without any separate notice or peremptory notice at the time of the application for provisional seizure at the non-party company's place of business

On December 28, 2016, when a credit guarantee accident occurred, such as the occurrence of a credit guarantee accident, the subrogation, etc., and the execution of provisional attachment against K and Lhoho (hereinafter “instant workplace”), the non-party company lost the benefit of the loan due to the occurrence of a credit guarantee accident, and the financial institutions filed a claim against the Plaintiff for the performance of the guaranteed obligation under the instant credit guarantee agreement.

Accordingly, on April 28, 2017, the Plaintiff extended to the G Bank the instant first guarantee amounting to KRW 811,100,521, and the instant second guarantee to the H Bank on May 16, 2017.