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1. The Seoul Western District Court A and B (Dual) drafted on December 3, 2015 with respect to the auction of real estate.
Reasons
1. Basic facts
A. On June 28, 2004, the New Bank Co., Ltd. (hereinafter “New Bank”) completed the establishment registration of a mortgage consisting of the maximum debt amount of 156,000,000 square meters and its ground buildings in Eunpyeong-gu Seoul (hereinafter “the instant real estate”) owned by C (hereinafter “the first collateral security”) and completed the establishment registration of a mortgage consisting of 48,000,000 (hereinafter “the second collateral security”) on May 22, 2008.
The Plaintiff concluded a credit guarantee agreement with SBling Co., Ltd. (hereinafter referred to as “SBS”), issued a credit guarantee agreement, and guaranteed a loan to a new bank of the non-party company. As to each loan listed in Nos. 1 and 2 in the separate sheet of bonds, the Plaintiff was liable to guarantee each loan within the limit of 85% of the respective amount of the loan.
The Plaintiff paid to the new bank the total amount of KRW 224,821,671 in total, including the principal of the debt related to the said guarantee and KRW 188,114,197, upon the occurrence of the non-party company’s guaranteed event, and completed the supplementary registration of partial transfer of the right to collateral security, which is KRW 50,000,000, on November 24, 2014.
C. The Defendant Foundation concluded a credit guarantee agreement with the non-party company and issued a credit guarantee certificate to guarantee the obligations of the non-party company to the non-party company. Upon occurrence of a guarantee accident, the Defendant Foundation paid to the new bank the total amount of KRW 76,400,742 including the principal of the above guarantee-related debt amount of KRW 62,494,634, etc., and paid the amount of KRW 20,000,000 with respect to the right to collateral security as of December 26, 2014 and KRW 40,000 with respect to the repayment amount of the right to collateral security as of December 26, 2014.
In Seoul Western District Court A and B (Dual) regarding the instant real estate, on December 3, 2015, the auction court acquired the Defendant Foundation’s claim against the second collateral security (20,389,062) with the second collateral security (20,389,062), the Plaintiff’s second collateral security (2) with the second collateral security (16,987,770), and the new bank’s collateral security (2) with the Defendant Company.