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1. Of the distribution schedule prepared on March 30, 2017 by the above court with respect to distribution procedure B case of the Goyang District Court Goyang Branch B.
Reasons
1. Facts of recognition;
A. In order to secure a loan claim against C on August 29, 2008, the Defendant obtained a comprehensive collateral security (hereinafter “instant comprehensive collateral security”) with respect to the obligor C and C, the maximum debt amount of KRW 130,000,000,000, as to Goyang-gu E No. 102 (hereinafter “instant real estate”).
B. On June 16, 201, the Defendant loaned KRW 150,000,000 to C for the general working capital.
However, around December 20, 2013, the Defendant took over the above loan obligations with C and F Co., Ltd. (hereinafter “F”), and C retired from the position of the debtor and entered into a contract with the discharge of the obligation to perform the obligation.
After that, around July 7, 2014, C entered into a specific contract of collateral guarantee (hereinafter referred to as “instant debt 1”) with the maximum amount of KRW 18,00,000 with respect to the above loan obligations that Defendant and F acquired by the Defendant and F.
C. On December 20, 2013, the Defendant loaned KRW 47,500,000 for the company’s ordinary working capital to F, and around July 7, 2014, C entered into a specific collateral guarantee contract with the Defendant and F with the maximum amount of KRW 54,00,000 for the above loan obligation (hereinafter “instant debt 2”).
Around July 25, 2011, the Defendant extended a credit loan of KRW 10,000,000 to C for general household funds, and then renewed the said loan (hereinafter referred to as “third debt of this case”) upon the maturity of October 25, 2014 following the maturity on October 25, 2014.
E. The Defendant, as a comprehensive collateral mortgagee of the instant case, exercised the subrogation right on the compensation for losses incurred from the expropriation of the instant real estate against D’s Korea Land and Housing Corporation, and filed an application for a seizure and collection order based on the subrogation right with the High Government District Court Decision 2016TTT1283, which was rendered on December 7, 2016.
F. On the other hand, the Plaintiff is based on D’s executory payment orders for the loans 2015 tea1402, both of which are executed by the Suwon District Court for D.