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 is a company whose purpose is D’s out-of-the-counter sales business, etc., and the Defendant was the representative director from April 20, 2015 to July 10, 2015, the Daegu District Court Branch Decision 2015Kahap3070 decided to suspend the Plaintiff’s duties.
B. On May 14, 2013, the Plaintiff borrowed KRW 3,500,000,000 from E for a general loan, and completed the registration of establishment of a mortgage on each real estate indicated in the separate sheet owned by the Plaintiff (hereinafter “each of the instant real estate”) with respect to the debtor, mortgagee E, the maximum debt amount, KRW 4,550,000 (hereinafter “the registration of establishment of a mortgage on the instant neighboring real estate”).
C. Around May 2015, the Defendant jointly and severally guaranteed the above loan obligations, and by March 2016, the Defendant subrogated to E for the principal and interest of the loan.
On May 17, 2016, the registration of change of the right to collateral security was completed, changing the maximum debt amount of the instant mortgage registration to KRW 3,692,00,000. On the same day, the registration of change of the right to collateral security was completed. On the same day, the registration of change of the right to collateral security (right to collateral security) to the Defendant was completed
E. On July 1, 2016, the Defendant: (a) filed an application for voluntary auction of each of the instant real estate with the Daegu District Court Branch C; and (b) completed the registration of commencement of auction on July 5, 2016; and (c) on July 13, 2017, the following distribution schedule (hereinafter “instant distribution schedule”) was formulated on the date of distribution on the date of the voluntary auction commenced.
Defendant 2, 3,692,00,000 3,004,828,489, 5 Plaintiff 729,928,748, 748, on the grounds of distribution of the maximum debt amount to the priority creditor (mortgage)
F. The Plaintiff appears on the date of distribution, and stated an objection against the total amount of the Defendant’s dividends, and on July 18, 2017.