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(영문) 인천지방법원 2013.10.02 2013가단205562
배당이의 등 청구의 소
Text

1. A housing lease agreement entered into between B and the Defendant on August 1, 201 with respect to the real estate listed in the separate sheet Nos. 3 and 4; and

Reasons

1. Basic facts

A. (1) On January 16, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant first credit guarantee agreement”) with the Saemaeul Landscaping Construction Co., Ltd. (hereinafter referred to as the “Saeung Landscaping Construction”) by setting the guarantee amount as KRW 650,000,000 and the guarantee term as of January 15, 2010, and issued a credit guarantee certificate. The Saemaul Lighting Construction was loaned KRW 1,00,000,000 from the national bank as security.

(2) On April 22, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with the Saemaul Cho Jong-sung Co., Ltd. (hereinafter referred to as the “Saeungsung”), setting the guarantee amount of KRW 372,200,000, and from April 22, 2009 to April 20, 2012, and issued a credit guarantee agreement (hereinafter referred to as the “credit guarantee agreement of this case”), and then, it received a loan of KRW 464,00,000 from the National Bank as security.

(3) On April 29, 201, the Plaintiff entered into a credit guarantee agreement with the term of 352,00,000 won guaranteed and the term of guarantee as of April 27, 2012, and issued a credit guarantee agreement (hereinafter “the third credit guarantee agreement of this case”), and the Saemaul Cho-Gyeong was loaned KRW 440,00,000 from the national bank as collateral.

B. B, with respect to each credit guarantee agreement of this case, the debt owed to the Plaintiff by the Saemaul Landscaping Construction and the Saemaul Landscaping.

C. Around October 18, 201, the Saemaeul Construction and the Saemaeul Landscaping caused a credit guarantee accident. On November 11, 2011, the Plaintiff subrogated to the National Bank of Korea for KRW 728,393,634 regarding the instant credit guarantee agreement, and KRW 661,02,396 regarding the instant credit guarantee agreement on December 8, 201, respectively.

On August 1, 2011, the Defendant issued a lease on a deposit basis or a lease on a deposit basis (hereinafter “right to lease on a deposit basis”) with respect to the real estate listed in the attached list Nos. 3 and 4 (hereinafter “the instant building”).

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