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(영문) 창원지방법원 마산지원 2018.01.17 2017가단102610
배당이의
Text

1. It was prepared by the said court on May 25, 2017 with respect to the case of a voluntary auction of real estate A with the Changwon District Court Msan Branch A.

Reasons

1. Facts of recognition;

A. On May 13, 2008, the Plaintiff issued a credit guarantee certificate (hereinafter “the credit guarantee certificate of this case”) in the name of Nonparty C, Nonparty C, loan of other facilities, the estimated amount of loan of KRW 175 million, the guaranteed amount of KRW 1575 million, and the guaranteed rate of KRW 90 million to Nonparty Industrial Bank of Korea (hereinafter “the credit guarantee certificate of this case”). C submitted the said credit guarantee certificate on May 28, 2008, and obtained loans from the Industrial Bank of Korea.

(hereinafter “instant loans”). (b)

C On June 5, 2008, on real estate, including 30,271 square meters of land for a factory, in the name of the Industrial Bank of Korea on June 5, 2008, with respect to the establishment of a collateral security (hereinafter “instant collateral security”) with respect to the debtor C and the maximum debt amount of KRW 160,000,000,000 under the name of the Industrial Bank of Korea as stated in list 7 of the Factory Mortgage Act (hereinafter “each of the instant machinery”).

C. In accordance with the credit guarantee accident of C, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 51,388,569 out of the instant loans, and on June 29, 2016, concluded the instant contract for partial transfer of the right to collateral security with the Industrial Bank of Korea as follows (hereinafter “instant agreement”). On the same day, the Plaintiff agreed on the recovery from the instant right to collateral security (hereinafter “instant agreement”). On the same day, Article 2 (Recovery of Creditor’s Priority) regarding partial transfer of the right to collateral security at KRW 51,38,569, the amount repaid under the name of the Plaintiff shall be first appropriated for the claims of the transferor (creditor, Industrial Bank of Korea), and the remaining amount shall be divided according to the ratio of liability of the transferor and transferee (Plaintiff) with respect to the guaranteed right to collateral security:

(1) An attempted credit related to a loan executed on May 13, 2008 by a guarantee number B (hereinafter referred to as "guarantee loan") in excess of the original loan amount as of May 13, 2008 among the remaining credit of a transferor as of the date of distribution.

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