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(영문) 수원지방법원 2017.11.23 2017가단509054
배당이의
Text

1. On April 1, 2016, the Defendant and the Nonparty Co., Ltd. concluded each of the real estate listed in the separate sheet.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement and the performance of its guaranteed obligation (hereinafter “Nonindicted Company”) and obtained a loan from the Nonghyup Bank under the Plaintiff’s credit guarantee agreement, with the credit guarantee agreement of 100-201-0066, which is the guaranteed principal of June 25, 2015 and the credit guarantee agreement of 22,491,000 won and June 24, 2016.

(2) On June 17, 2016, the Plaintiff paid 22,631,034 won ( principal KRW 22,491,00 and interest KRW 140,034) to the Nonghyup Bank as a credit guarantee agent pursuant to the instant guarantee agreement.

B. (1) The Defendant manufactured and sold a wired radio communication device between the Nonparty Company and the Defendant. From June 2014, the Defendant sold the wired radio communication device to the Nonparty Company.

D. As of the end of March 2016, the Defendant demanded the Nonparty Company to establish a collateral security (hereinafter “instant mortgage”). On April 1, 2016, the Nonparty Company concluded a collateral security contract (hereinafter “instant contract”) with the Defendant regarding each of the real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with the Defendant, and completed the registration of establishment of a collateral security (hereinafter “instant collateral security”) with the Suwon District Court’s registry office as of April 28, 2016, the Suwon District Court’s registry office was received on April 62437, 2016.

C. The non-party company did not have any particular property other than each of the instant real estate at the time of establishing the contract of this case, which is equivalent to the total market value of KRW 870,000,000,000.

D. On the other hand, the non-party company is a small property at the time of entering into the instant contract. ① The amounting to KRW 22,491,000 against the Nonghyup Bank based on the instant guarantee agreement (based on principal) and ② the amount of goods sales against the defendant. 65,00,000 won.

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