배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement and joint and several sureties 1) on April 7, 2006, the Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”).
B) On April 6, 2007, the guaranteed amount was 170,000,000 won and the guaranteed period was extended on March 27, 2015, with respect to the principal and interest of loan to be borne by the non-party company to the corporate bank.
(ii)the credit guarantee agreement (hereinafter referred to as “the instant credit guarantee agreement”) is in place;
(2) On April 7, 2006, D, the representative director of the non-party company, had a joint and several liability for indemnity to be borne by the non-party company against the plaintiff under the credit guarantee agreement of this case. The non-party company was granted a loan of KRW 200,000,000 from the corporate bank using the credit guarantee certificate of this case issued by the plaintiff.
B. On January 20, 2015, one corporate bank, including the occurrence of a credit guarantee accident and the Plaintiff’s subrogation, notified the Plaintiff that the non-party company caused a credit guarantee accident on January 12, 2015, and the Plaintiff has the same year.
3. Under the credit guarantee agreement of this case, a sum of KRW 170,379,160 (= Principal KRW 169,774,823) subrogated to a corporate bank to the corporate bank.
2) Thereafter, in accordance with the rehabilitation plan authorized on August 26, 2015, the amount of KRW 114,154,037 out of the amount of subrogated payment of the Plaintiff was converted into investment in lieu of repayment in accordance with the Seoul Central District Court Decision 2015 Mahap10021 regarding the non-party company. The Plaintiff recovered part of the amount of subrogated payment of KRW 114,154,037, etc. converted into investment as above. 3) As of now, the remaining amount of subrogated payment of the Plaintiff is KRW 55,043,878.
C. D’s act of disposing of D’s property (hereinafter “instant real estate”) between the Defendant and the Defendant on April 25, 2014, concluded a joint collateral agreement with the maximum debt amount of KRW 800,000,000, and the Defendant’s non-party company and the Defendant’s right to collateral security (hereinafter “instant mortgage agreement”) as a joint collateral, and accordingly, supported the Defendant by Suwon District Court.