beta
(영문) 인천지방법원부천지원 2019.07.17 2019가단12000

배당이의

Text

1. It was concluded on June 2, 2017 between C and the Defendant regarding one room among the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. On June 2, 2017, C completed the registration of ownership transfer with respect to the instant stated real estate on the attached list (hereinafter “instant real estate”).

(2) As to the instant real estate, ① Company E completed the registration of creation of a collateral security on June 2, 2017, the maximum debt amount of KRW 84,00,000, and the establishment of a collateral security on the part of the debtor C; ② on September 28, 2018, the F limited liability company and the stock companyG completed the registration of establishment of a collateral security right on the ground of the transfer of each confirmed claim. ③ On the same day, HS Co., Ltd. as the debtor completed the registration of establishment of a collateral security right by designating the said

B. (1) The Plaintiff concluded a credit guarantee agreement on August 7, 2014 with respect to the credit guarantee principal of the credit guarantee principal, KRW 76,500,00,000, the term of guarantee from August 7, 2014 to August 6, 2015 (the later guarantee principal was extended to August 5, 2016; hereinafter referred to as “the first guarantee”). On October 31, 2014, the term of guarantee was extended to KRW 68,00,000, the term of guarantee was extended to August 5, 2016; hereinafter referred to as “the first guarantee”). The Plaintiff concluded a credit guarantee agreement with the J (hereinafter referred to as “non-party company”); the term of credit guarantee principal of KRW 31,200,000,000; and the term of guarantee from October 31, 2014 to October 30, 2015.

hereinafter referred to as "second guarantee":

(2) (2) The Co., Ltd has jointly and severally guaranteed the obligation owed by the non-party company to the Plaintiff under the above credit guarantee agreement. (3) The non-party company subrogated to the Plaintiff for the amount of KRW 32,186 (10,082,853 won due to the first guarantee + KRW 32,173,333,00 due to the second guarantee in each of the above credit guarantee agreements issued by the Plaintiff, including KRW 39,000,00 on October 7, 2014, and KRW 31,000 on October 31, 2014, but the credit guarantee accident occurred due to the loss of the due interest on August 8, 2016 due to the nonperformance of the obligation. On December 31, 2016, the Plaintiff subrogated to the amount of KRW 102,256,186 (10,082,853 won due to the second guarantee + KRW 32,173333 (44).