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(영문) 대전지방법원 2018.11.08 2018가단212402
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. On July 24, 2015, the Plaintiff concluded a credit guarantee agreement with the Non-Party Company D (hereinafter “Non-Party Company”) under the joint and several guarantee of the network C (hereinafter “the network”) and issued a credit guarantee agreement to the Non-Party Company.

On August 30, 2017, the non-party company obtained a loan of KRW 100 million from the National Bank (hereinafter “National Bank”), and thereafter, the Plaintiff obtained a claim for reimbursement against the deceased by subrogationing KRW 90,685,060 to the National Bank on August 30, 2017.

On November 30, 2012, the Deceased created the right to collateral security with a maximum amount of KRW 120 million on the same day on the grounds of a contract to establish the right to collateral security (hereinafter “the instant real property”) as to the attached property owned by him/her, and on May 1, 2017, the Deceased created the right to collateral security with a maximum amount of KRW 90 million on the same day on the grounds of a contract to establish the right to collateral security (hereinafter “the instant real property”).

On May 1, 2017, the Plaintiff filed a lawsuit against the deceased’s heir for the claim for reimbursement against the deceased’s heir and for the cancellation of the contract to establish a collateral and for the cancellation of the registration of the establishment of a collateral security on the ground of a fraudulent act against the Defendant, and the court of first instance rendered judgment on April 19, 2018, which became final and conclusive on May 10, 2018.

On September 27, 2017, the National Bank received a voluntary decision to commence the auction on the instant real estate inherited by the inheritor after the deceased’s death. The Plaintiff registered each provisional seizure of the instant real estate on September 14, 2017 (the claimed amounting to KRW 91,301,251) and the Defendant registered each provisional seizure of the instant real estate on October 18, 2017 (the claimed amounting to KRW 50 million).

On June 22, 2017, the Defendant filed a lawsuit against the deceased’s heir seeking payment of KRW 50 million against the deceased, and the decision of recommending settlement on December 1, 2017, ordering the payment of the total amount of the loan and the damages for delay, became final and conclusive.

(e).

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