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(영문) 대전고등법원(청주) 2016.11.29 2015나11923
배당이의
Text

1. Revocation of a judgment of the first instance;

2.(a)

On August 4, 2014, the real estate indicated in the separate sheet between the defendant and B is indicated.

Reasons

1. Basic facts

A. The Plaintiff’s claim for reimbursement against B is established 1) D Co., Ltd. (Co., Ltd. before the change, M et al., hereinafter “D”).

(2) On February 22, 2013, the Plaintiff entered into a credit guarantee agreement with the Plaintiff on February 11, 2015, setting the term of guarantee as KRW 1.65 billion and the term of guarantee as KRW 90 million, and received a total of KRW 1.65 billion from the Industrial Bank of Korea upon obtaining a credit guarantee agreement from the same date. B, the representative director of D, guaranteed the joint and several liability for D’s indemnity pursuant to the credit guarantee agreement of this case. (2) On August 4, 2014, as the suspension of current account transaction, caused a credit guarantee accident that would lose the benefit due to the above loans to the Industrial Bank of Korea; the Plaintiff, on August 20, 2014, obtained a loan agreement of KRW 1.65 billion with respect to the real estate (hereinafter “instant real estate”) listed in the separate sheet owned by B x KRW 704 billion and KRW 1.65 billion with respect to the principal of the loan of this case x 1.6505 billion and KRW 164.65 billion.214

B. B’s joint and several liability and mortgage contract 1) on April 30, 2013, the Defendant leased KRW 250 million to D at the maturity of payment on June 30, 2013 and at the rate of 2% per month, and B and E stand joint and several liability for the Defendant on the same day. B purchased the instant real estate with the aforementioned loan money, and completed a registration of transfer of ownership in its name on May 21, 2013. (2) Thereafter, B concluded a mortgage contract on the instant real estate with the Defendant on August 4, 2014 (hereinafter “instant mortgage contract”), and made a registration of establishment of mortgage between the Defendant and the maximum debt amount of debt amount of KRW 20 million, the debtor B and the debtor as the Defendant as the Defendant (hereinafter “instant mortgage establishment registration”).

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