logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2016.07.14 2015가단109470
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. 1) On May 11, 2012, the Plaintiff entered into the instant credit guarantee agreement (hereinafter “Nonindicted Company”) with Nonparty C Co., Ltd. (hereinafter “Nonindicted Company”).

(i)in entering into a credit guarantee agreement with the non-party company (Guarantee Number D; hereinafter referred to as the “instant credit guarantee agreement”) with respect to the lending of corporate operating funds from the Gwangju Bank.

(2) The non-party company entered into a credit transaction agreement with the Gwangju Bank based on the above credit guarantee agreement and received a loan from the Gwangju Bank.

B. 1) After the occurrence of a credit guarantee accident, the guarantee accident occurred because the non-party company failed to perform its obligation under the credit transaction agreement with the Gwangju Bank on May 2014, and the Gwangju Bank requested the Plaintiff to pay the balance of the corporate operating loan pursuant to the credit guarantee agreement in this case. 2) The Plaintiff filed an application for provisional attachment with the Incheon District Court 2014Kadan4919 on May 15, 2014 by making the claim for the advance reimbursement of KRW 170,000 as to the non-party company No. 304 Dong-gu E building No. 1308 (hereinafter “the instant real estate”).

3) Thereafter, on October 30, 2014, the Plaintiff subrogated to the Gwangju Bank for KRW 174,086,841 for the principal and interest of loan of the non-party company. (C) Meanwhile, the instant real estate was registered for the establishment of a mortgage on January 25, 201, with the maximum debt amount of KRW 78,00,000, the representative director of the non-party company, and the establishment of a mortgage on the creditor-foreign exchange bank, which became the representative director of the non-party company of the principal debtor, the first priority priority of the creditor-foreign exchange bank, the establishment of a mortgage on May 31, 201, the 60,000,000, and the second priority priority of the creditor-party company of the non-party company of the non

2 The Korea Exchange Bank, which is the first priority mortgagee of the instant real estate, shall file an application for a voluntary auction on October 28, 2014 for the said real estate.

arrow