배당이의
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Evidence 【Evidence” 1 through 5, A6-1 through 6, A7, A8, A9, A10, A11, A12-1, 2, B-1, 3-2, 4-1, 2, 5-1, 5-2, 6-1, 2, and 6-2, and the purport of the whole pleadings;
A. On April 20, 2007, the Plaintiff (hereinafter referred to as “D”) obtained a loan from a small and medium enterprise and D on April 18, 2008 (the maturity of the guarantee was extended by April 18, 2014).
(E) According to a credit guarantee agreement with the terms and conditions that the Plaintiff guarantees D’s obligations of loans by setting a guarantee method individual, loan for small and medium enterprise financing, loan for small and medium enterprise financing, loan cost of KRW 100,000,00, and partial guarantee rate of KRW 85%, and the credit guarantee agreement with the terms and conditions as above (E; hereinafter “instant credit guarantee agreement”).
D) On April 23, 2007, the Bank provided a credit guarantee certificate of this case to the Bank and borrowed KRW 100 million from the Bank.
(hereinafter referred to as “instant collateral loan”). (b)
On October 10, 2008, the Industrial Bank of Korea completed the registration of establishment of a mortgage (hereinafter “mortgage”) with respect to the real estate listed in the attached list owned by D (hereinafter “instant real estate”) in order to secure the loan of Japan No. 136,104,000 (hereinafter “the instant real estate”) on October 13, 2008, the Suwon District Court Law No. 136,104,000 (No. 14282) (hereinafter “the maximum debt amount”).
C. As a credit guarantee accident occurred, such as loss of the benefit of time due to D, the Plaintiff subrogated 83,537,534 won to the Industrial Bank of Korea on November 15, 2013 in total of the principal and interest of D in arrears in accordance with the credit guarantee agreement of this case.
The Plaintiff, including the registration of transfer of collateral security and the establishment of a pledge, on December 2, 2013, based on the said subrogation, shall be governed by the contract on partial transfer of confirmed claim on December 4, 2013, the transfer amount of which was 7,758,016 UN on December 4, 2013.