logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원부천지원 2015.08.21 2014가합4759
배당이의
Text

1. Of the distribution schedule prepared by the above court on June 18, 2014 with respect to the distribution procedure B case of the Incheon District Court Vice-Support B.

Reasons

1. Basic facts

A. On November 30, 2005, the Plaintiff entered into a credit guarantee agreement with the Plaintiff and the non-party company (hereinafter “the non-party company”) on a credit guarantee agreement (hereinafter “the credit guarantee agreement of this case”) with the contents of the credit guarantee agreement, including KRW 160,000 won, term of guarantee, and KRW 144,00,000 won, and the term of guarantee on November 30, 2006, in order to secure the repayment of the principal and interest of loan, in order to obtain a loan from the Korea Agricultural Cooperative Federation (hereinafter “CF”). The non-party company received a loan of KRW 200,000 from the Korea Agricultural Cooperative as collateral on the same day.

Meanwhile, according to the instant credit guarantee agreement, when the Plaintiff fulfilled the guaranteed obligation, the non-party company pays to the Plaintiff the amount of the guaranteed obligation, damages for delay in accordance with the interest rate (12% per annum after October 15, 2013) determined by the Plaintiff from the date of full payment to the date of full payment, and the expenses incurred in the enforcement, exercise, and legal procedure of the rights acquired by the Plaintiff from the date of full payment.

B. On May 2, 2013, the non-party company issued a promissory note (hereinafter “instant promissory note”) with a face value of KRW 700 million and its payment date as of May 24, 2013. On May 16, 2013, the non-party company drafted a notarial deed (No. 653, ELS 2013, hereinafter “instant notarial deed”) containing the purport that the said promissory note will be immediately subject to compulsory execution.

On June 26, 2013, the Defendant issued a collection order on June 27, 2013 with the title of execution with respect to the Notarial Deed of this case as the title of execution, which is KRW 700,000,000,000,000 from the Incheon District Court Branch Branch 2013TTTT 7740.

arrow