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1. Of the dividend table prepared by the above court on October 15, 2014 with respect to the auction of real estate B in Incheon District Court.
Reasons
1. Basic facts
A. Nonparty C Co., Ltd (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement with the Plaintiff on May 6, 2004, and received a credit guarantee certificate with the coverage amount of KRW 85 million, and the maturity of guarantee until May 5, 2005 (e.g., extension to September 27, 2013) and submitted it to our bank and received a loan of KRW 100 million. On June 8, 2010, Nonparty C (hereinafter “Nonindicted Company”) entered into a credit guarantee agreement and received a loan of KRW 18 million until June 7, 2011, by submitting it to the national bank.
B. Since then, on September 25, 2013, the National Bank notified each Plaintiff of a credit guarantee accident on the ground that the non-party company lost the benefit of time on September 26, 2013, on the ground that the non-party company was the party against whom it was the party, and the Plaintiff subrogated to the National Bank for KRW 98,341,90 on October 24, 2013, and KRW 66,149,525 on December 20, 2013.
C. Accordingly, the non-party company's liability such as indemnity amount to the plaintiff under the above credit guarantee agreement is 164,293,095 won in total of the balance of the subrogated principal (=98,341,90 won in total, 66,149,525 won in partial recovery - 198,30 won in total), 65 won in finalized damages, penalty 294,700 won in total, and substitute payment 847,010 won in total, and damages for delay on the balance of each subrogated principal. The non-party D, E, and F jointly and severally guaranteed the non-party company's liability such as indemnity amount against the plaintiff by the non-party company.
D On May 29, 2013, the Defendant entered into a mortgage agreement with the attached list (hereinafter “instant real estate”) with the maximum debt amount of KRW 91 million (hereinafter “mortgage agreement”). On June 13, 2013, the Incheon Southern District Court received the registration of the establishment of a mortgage with the Defendant under Article 42606.
E. Meanwhile, the instant real estate was voluntarily auctioned on March 4, 2014 to Incheon District Court B, and the Plaintiff is a provisional seizure creditor.