배당이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On April 22, 2008, E&Tex Co., Ltd. (hereinafter “E&T”) borrowed KRW 50 million from the Industrial Bank of Korea as a loan for small and medium enterprise funds. On the same day, B concluded a mortgage contract with respect to the Incheon Gyeyang-gu Incheon apartment 403 Dong 707 (hereinafter “instant apartment”) owned by the Industrial Bank of Korea in order to secure the above loan obligations between the Industrial Bank of Korea and the Industrial Bank of Korea, with respect to the debtor, E&T ELT, comprehensive collateral collateral mortgage, maximum debt amount of KRW 60,000,000,000.
(hereinafter “instant collateral security”). B.
On September 29, 2009, the Plaintiff entered into a credit guarantee agreement between E&C and E&C, E&C, the guaranteed amount of KRW 150 million (hereinafter referred to as KRW 127,500,000,000), and on September 29, 2010 (hereinafter referred to as the “B”) between E&C and E&T. B, based on the said credit guarantee agreement, jointly and severally guaranteed L&C’s indemnity liability, and E&T borrowed KRW 150,000,000 from the Industrial Bank of Korea as a small and medium enterprise financing loan based on the said credit guarantee agreement.
(hereinafter “instant guaranteed loan”). C.
B entered into a contract with the Industrial Bank of Korea on September 28, 2012, changing the scope of the secured obligation of the instant right to collateral security to the “limited collateral security loan for small and medium enterprises”.
B on November 30, 2012, in order to secure the obligation of reimbursement against the Plaintiff of E&C, E&C, and B, completed the registration of the establishment of a mortgage on the instant apartment as the obligor, E&C, E&T, B, and the Plaintiff as the mortgagee.
E. When E. B&T delayed the repayment of principal and interest of the instant apartment, the Industrial Bank of Korea applied for an auction on real estate for the instant apartment, and the auction procedure was commenced on January 7, 2014 to the Incheon District Court A.
F. On February 4, 2014, the Plaintiff replaced the Industrial Bank of Korea by KRW 130,083,111, and by subrogation on January 28, 2014.