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(영문) 수원지방법원 2016.09.09 2015가합60118
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On July 1, 2009, the Plaintiff entered into a credit guarantee agreement with the non-party company (hereinafter “the instant credit guarantee agreement”) with respect to the repayment obligation of loans from the Industrial Bank of Korea (hereinafter “the Bank”) for small and medium enterprise funds, with the non-party company (hereinafter “the Bank”), with the guarantee rate of KRW 400 million, the guarantee period of KRW 100 million, and the credit guarantee agreement with 80% (hereinafter “the instant credit guarantee agreement”) and issued the credit guarantee agreement to the non-party company.

B. On July 1, 2009, the Industrial Bank of Korea extended a loan of KRW 500 million to the sub-committee company as security.

(hereinafter “instant guaranteed loan”). C.

On the other hand, on October 5, 2005, the Industrial Bank of Korea concluded a comprehensive collateral security agreement between the non-party company and the non-party company to secure the present and future obligations, etc. for the Industrial Bank of Korea, and completed the registration of establishment of a collateral security agreement between the non-party company and the non-party company, which is the Industrial Bank of Korea, with respect to each real estate listed in the separate sheet (hereinafter “each real estate of this case”).

(hereinafter “instant collateral security”). D.

The Industrial Bank of Korea received several recommendations regarding each of the instant real estate in addition to the instant collateral security, and filed an application for voluntary auction based on each of the instant collateral security in order for the non-party company to not perform its obligation. On May 29, 2014, the Suwon District Court rendered a decision of voluntary auction on each of the instant real estate.

E. However, on May 30, 2014, the Plaintiff subrogated for KRW 369,864,875 to the Industrial Bank of Korea in accordance with the instant credit guarantee agreement, concluded a contract for partial transfer of the right to collateral security (hereinafter “instant contract for partial transfer of collateral security”) with the Industrial Bank of Korea, and on June 3, 2014, concluded the instant contract for partial transfer of collateral security (hereinafter “instant contract”).

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