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(영문) 창원지방법원진주지원 2015.04.03 2013가단32921
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 March 18, 2009, the Plaintiff entered into a credit guarantee agreement with the Defendant on March 17, 2010, setting the coverage amount of KRW 100,000,000 and the term of guarantee on March 17, 2010 (the said term of guarantee was extended on March 15, 2013).

(B) On March 18, 2009, B was granted a loan of KRW 100,000,000 from the National Bank of Korea as of March 17, 2010 (the foregoing maturity was changed on March 15, 2013).

(2) B caused a credit guarantee accident, thereby losing the benefit of time. On November 1, 2012, the Plaintiff subrogated 92,041643 won to the National Bank of Korea on behalf of the Plaintiff.

3) The Plaintiff filed a lawsuit against B against the Defendant for the claim for reimbursement of reimbursement amount of KRW 200,000,000,000,000,000,000,0000,0000,0000,0000,0000,0000,0000,000,000,0000,0000,0000,000,0000,000,0000,0000,0000,0000,0000,0000,0000,0000,000,0000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.

2) In the Changwon District Court Jinwon Branch C real estate auction case with respect to the instant real estate, on September 30, 2013, a distribution schedule was prepared to distribute the amount of KRW 200,000,000, which is the maximum debt amount (100%) to the Defendant, a mortgagee, who is a right to demand a distribution, and KRW 60,98,392 (56.14%) to the Plaintiff, who is the right to demand a distribution (hereinafter “instant distribution schedule”).

The plaintiff raised an objection to KRW 47,661,179 out of the amount of dividends against the defendant.

C. The management institution of farmers and fishermen credit funds in the process of the litigation.

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