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(영문) 수원지방법원 2016.11.15 2015가단143061
배당이의
Text

1. A lease contract concluded on June 5, 2013 between the Defendant and B with respect to Suwon-si C Apartment 106, 301.

Reasons

1. Basic facts

A. (1) B completed the registration of ownership transfer on March 30, 2010, Suwon-si C Apartment 106 Dong 301 (hereinafter “instant real estate”).

(2) As to the instant real estate, (A) on January 14, 2013, the Plaintiff’s claim amounted to KRW 50 million, KRW 50,00,000, KRW 575,305, KRW 666, KRW 666, May 15, 2013, KRW 9,682,82, KRW 825, and KRW 12,620, KRW 507, August 1, 2013, KRW 68, KRW 263, KRW 2630, KRW 18, KRW 208, KRW 208, KRW 208, KRW 128, KRW 208, KRW 208, KRW 18, KRW 208, KRW 208, KRW 28, KRW 208, KRW 18,208, KRW 208, KRW 28,2012.

B. (1) Around June 30, 2010, the Plaintiff entered into a credit guarantee agreement with E, and B jointly and severally guaranteed the obligation under the said credit guarantee agreement with the Plaintiff.

(2) E obtained a loan of KRW 50 million from an enterprise bank as collateral, but the Plaintiff breached its obligation, thereby making a substitute payment for KRW 51,228,824 to an enterprise bank around May 13, 2013.

(3) On August 3, 2013, the Plaintiff filed an application with the Suwon District Court for a payment order with the Suwon District Court No. 2013 tea2959, and on August 3, 2013, “B shall pay to the Plaintiff 51,479,124 won and 51,228,824 won among them, 12% per annum from May 13, 2013 to July 19, 2013, and 20% per annum from the next day to the date of full payment.”

C. (1) On June 5, 2013, the Defendant concluded a lease contract with respect to the instant real estate (hereinafter “instant lease contract”) between June 5, 2013 and the lease contract between June 7, 2013 and June 6, 2015, and the resident registration move-in report and the resident registration report on June 7, 2013.

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