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(영문) 울산지방법원 2016.01.20 2014가합8406

물상보증채무금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Based on the facts, C, the spouse of the Plaintiff, served as a standing director from April 1, 2007 to October 8, 2008, and from October 9, 2008 to October 8, 2014.

around December 2008, the Defendant and E guaranteed the Defendant and E while ordering the civil engineering work related to the Fancheon-gun, Ulsan-gun, 6,131 square meters of forest land (hereinafter “instant real estate”).

G on September 170, 200,000 won on September 30, 2009, the letter "(s)" and its address and resident registration number are additionally stated in the agreement stating that "(s) shall be paid at the time of a loan to the land outside H and three lots of land outside H in the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, the Gyeong-gun, and the K-gun L)" and the letter "(s) shall be paid at the time of the loan to the bank."

On April 17, 2009, the instant real estate was appraised as KRW 1,348,820,000. D Agricultural Cooperatives loaned KRW 800,000 to J, while granting a loan of KRW 800,000,000 to J, and obtained a collateral security of KRW 1,040,000 for the instant real estate on April 17, 2009.

With respect to the instant real estate on September 2009, the provisional attachment registration (the claimed amount of KRW 471,185,000 on June 24, 2009) was made in the name of the creditor Jeong YNG on June 24, 2009, the provisional attachment registration (the claimed amount of KRW 7,157,700 on July 17, 2009), the provisional attachment registration (the claimed amount of KRW 7,157,700 on April 17, 2009), the establishment registration (the maximum amount of the claims amount of KRW 1,040,000 on April 29, 2009), M, and N on April 29, 2009.

In the auction procedure for the real estate of Ulsan District Court, the pertinent real estate was sold to KRW 606,837,00,000, and the amount to be actually distributed out of KRW 685,816,478, Ulsan District Court’s 685,810, and the amount to be distributed out of KRW 425,910, and KRW 150,190, and KRW 686,240,378, respectively.