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(영문) 대구지방법원서부지원 2016.10.25 2016가합50215
배당이의
Text

1. As to the case of the auction of real estate B, the said court prepared on January 27, 2016 in Seogu District Court Branch B.

Reasons

1. Basic facts

A. On April 29, 2014, the Plaintiff entered into a credit guarantee agreement and joint and several sureties agreement with Defendant C Co., Ltd. (hereinafter “Nonindicted Company”) with a credit guarantee principal of KRW 764,660,00, and the credit guarantee period from April 29, 2014 to April 28, 2015. Nonparty D (hereinafter “Nonindicted D”) as the representative of the Nonparty Company jointly and severally guaranteed the obligation of Nonparty Company to the Plaintiff under the said credit guarantee agreement. On the same day, Nonparty Company was loaned KRW 89,60,000,000 from the Industrial Bank of Korea as collateral issued by the Plaintiff pursuant to the said credit guarantee agreement.

B. On December 22, 2014, the Industrial Bank of Korea notified the Plaintiff of the guarantee accident of the non-party company, following the occurrence of the Plaintiff’s right to indemnity following the performance of the guaranteed obligation, the Plaintiff subrogated the Industrial Bank of Korea for KRW 776,598,309 in total as the performance of the guaranteed obligation on March 20, 2015. On the same day, only KRW 741,122 out of the subrogated amount was recovered.

C. On November 3, 2014, prior to the foregoing guarantee accident, the non-party debtor concluded a mortgage agreement with the Defendant regarding the real estate indicated in the separate sheet (hereinafter “instant land”) owned by the non-party debtor (hereinafter “the instant mortgage agreement”) with the maximum debt amount of KRW 350,00,000, and completed the registration of the establishment of the neighboring land under the name of the Defendant on November 4, 2014.

On January 7, 2015, the Plaintiff received a provisional attachment order of KRW 764,660,000 as Seoul Southern District Court Decision 2014Kadan202622 on the instant land in order to preserve the claim for reimbursement against the non-party debtor.

On May 13, 2015, the voluntary auction procedure was initiated as Seo-gu District Court Seo-Support B with respect to the instant land.

The above auction court shall pay 328,718,896 won out of the total dividend amount of 628,804,276 won on January 27, 2016 to the defendant, who is the right to collateral security.

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