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(영문) 광주지방법원순천지원 2017.11.07 2017가단2582
배당이의
Text

1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a loan transaction agreement with Nonparty D Co., Ltd. (hereinafter “Nonindicted Company”). On the same day, the Plaintiff entered into a joint and several surety agreement with Nonparty C by setting the amount of collateral guarantee as follows:

F G C E

B. On December 22, 2015, the non-party company and the non-party C lost the benefit of the above loan, and the Plaintiff jointly and severally paid 365,769,805 won to the non-party company and the non-party C and 354,724,401 won from December 7, 2015 to the date of full payment. The non-party C received a payment order within the limit of 446,10,000 won and the payment order became final and conclusive on January 8, 2016.

On September 25, 2015, the maximum amount of claims against each kind of creditor on the date of establishment (the maximum amount of claims) shall be 96,000,000,000 the Korea Security Credit Guarantee Fund for Provisional Attachment on December 4, 2015 (Plaintiffs) 7,985,369 on January 25, 2016, the Korea Technology Credit Guarantee Fund for Provisional Seizure 24,000,000,000 on June 12, 2016, the Korea Technology Credit Guarantee Fund for Provisional Seizure 45,000,000 the Korea Technology Credit Guarantee Fund for New Security on October 1, 2010 on August 12, 2013, the amount of claims shall be 12,000,000 Bosung Agricultural Cooperative for New Security on August 12, 2013, Defendant 117,000,0000

B. The details of the provisional attachment and the establishment of the right to collateral security of the real estate listed in the attached list of Nonparty C (hereinafter “instant real estate”) are as follows.

C. The Bosung Agricultural Cooperative applied for a voluntary auction with respect to the instant real estate B, based on each collateral (hereinafter referred to as “instant voluntary auction procedure”), and on August 8, 2016, the registration of the decision on voluntary auction was completed on each of the instant real estate.

In the above voluntary auction procedure, the instant real estate was sold and the distribution schedule was prepared as follows on March 7, 2017.

1) The persons holding the right of delivery (the pertinent tax) and the persons holding the right to collateral security (the pertinent tax 95,000 Won 2) shall be the persons holding the right to collateral security.

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