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1. The Plaintiff:
A. Defendant A’s KRW 15,00,000 and for this, KRW 5% per annum from March 7, 2011 to June 10, 2015.
Reasons
1. Basic facts
A. The Plaintiff’s claim for indemnity (1) around July 31, 1994, concluded a guarantee insurance contract with the continental oil transportation company with the content that the said company guarantees obligations with respect to the oil shipbuilding purchase contract to be entered into with the Hyundai Automobile Corporation.
At this time, C et al. jointly and severally guaranteed the obligation of indemnity under the above guarantee insurance contract against the plaintiff of the continental oil transportation.
(2) On October 17, 1996, the Plaintiff paid KRW 111,939,587 as insurance money under the said guarantee insurance contract to Hyundai Motor on October 17, 1996, and received a favorable judgment by filing a lawsuit against the continental cargo and C, etc.
(Seoul Central District Court 197Kadan36370, 2008Gadan28986) b.
The auction (1) of this case (hereinafter referred to as the “instant real estate”) commenced a compulsory auction for real estate auction (hereinafter referred to as the “auction of this case”) to the Goyang-gu Seoul Metropolitan City D 201 (hereinafter referred to as the “instant real estate”) in the Goyang-gu Seoul Metropolitan City.
In the auction procedure of this case, the Plaintiff made a demand for distribution on the basis of the claim for reimbursement under the above final judgment. However, on March 7, 2011, the sale amount, such as the amount of KRW 15 million to Defendant A, the mortgagee B, and the amount of KRW 25 million to Defendant B, which was distributed to the mortgagee B, was not paid as dividends, was appropriated for the claims of other senior creditors.
(2) Defendant A is a child of C, and according to the lease agreement dated April 1, 1992, which is the basis document for the demand for distribution, Defendant A leased the instant real estate by setting the deposit amount of KRW 15 million from C, and 36 months.
On April 10, 1992, around the date of preparation of the above lease contract, Defendant A filed a move-in report on the real estate in this case, and thereafter, Defendant A continued to have the registered domicile in this case, and reported the move-in report to another place on April 5, 201.
However, Defendant A did not obtain a fixed date on its lease contract.
(3) Defendant B is guilty of C.