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(영문) 제주지방법원 2016.09.09 2015가단55402
배당이의
Text

1. Of the distribution schedule prepared by the said court on October 16, 2015 with respect to the case of application for the auction of real estate B in the Jeju District Court.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) C is a person who was the representative director of D. On June 9, 1995, D Co., Ltd. purchased one truck from the Plaintiff and D Co., Ltd., in order to secure the repayment of the debt, and entered into an installment sales guarantee insurance contract with the insured as Hyundai Automobile Co., Ltd., and with the purchase price of KRW 16.5 million in order to secure the repayment of the debt. At the time, C at the time, C provided a joint and several surety for the Plaintiff to pay insurance money to Hyundai Automobile Co., Ltd. in the future in accordance with the above guarantee insurance contract.

On December 15, 1995, Hyundai Motor Co., Ltd. claimed insurance money to the Plaintiff.

On December 28, 1995, the Plaintiff paid KRW 13,509,161 as insurance money to Hyundai Motor Company.

3) The Plaintiff filed a lawsuit against C and D with the Seoul Central District Court No. 2010da1615621, and on June 9, 201, the Seoul Central District Court rendered a judgment that “C shall jointly and severally pay to D and D 23,593,654 won and 13,509,161 won, whichever is the rate of 19% per annum from August 23, 1999 to the day of full payment.” The above judgment became final and conclusive on July 26, 2011. (b) The Defendant’s establishment of the right to collateral security against C is final and conclusive on October 24, 1995, and the 626th Eth 626th Eth 626 (hereinafter “instant real estate”).

(C) On October 27, 1995, the establishment registration of a mortgage (hereinafter “mortgage”) is deemed to be the establishment registration of a mortgage in the name of the Defendant with a maximum debt amount of KRW 50 million.

C. The Defendant completed the auction procedure and prepared a distribution schedule. The Defendant, F, to Jeju District Court, held the auction of the real estate in relation to the instant real estate based on the instant right to collateral security.

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