배당이의
1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Facts of recognition
On May 22, 2008, the Plaintiff entered into a credit guarantee agreement with the non-party company D (hereinafter referred to as the "non-party company") on 85% out of the estimated amount of loans 117,00,000,000 won with respect to the non-party company. In this case, E and F guaranteed the non-party company's liability for indemnity in accordance with the above credit guarantee agreement.
Around that time, a non-party company borrowed a credit guarantee certificate issued by the Plaintiff from a Korean bank as security, but caused a guarantee accident in arrears on November 9, 201.
E has completed the registration of ownership transfer on May 13, 2008 with respect to G, H land and building on land (hereinafter “instant real estate”) in Silung-si on May 28, 2008.
On April 21, 201, the Defendant entered into a lease agreement with E, which stipulated the lease deposit of KRW 15,00,000,000 for the instant real estate, monthly rent of KRW 1,50,000 (after January 2, 201), and the lease agreement from May 2, 2011 to May 1, 2013 (hereinafter “instant lease agreement”).
On November 29, 2011, the Plaintiff paid the principal and interest of KRW 49,891,817 to our bank, and then filed an application for an order to pay indemnity with the non-party company, E, and F under this court’s 2012 tea or 12633. On October 10, 2012, the above court decided to the effect that “the non-party company, E, and F shall jointly and severally pay to the Plaintiff KRW 49,342,101 and KRW 49,053,87,00 per annum from November 29, 201 to the date of final delivery of the original copy of the payment order, and KRW 20% per annum from the following day to the date of full payment,” and that the above decision was finalized as is.
On March 13, 2012, the Gwangju Agricultural Cooperative, the mortgagee of the instant real estate, applied for an auction of real estate rent to this Court C. On July 24, 2014, the auction court held that the lessee was the 4th order against the Defendant on the date of distribution, and the auction court held that the amount of KRW 11,360,136, and the amount of KRW 3,040,484, KRW 821,965, respectively, to the deceased I and the Plaintiff, who are the mortgagee of the instant real estate.