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(영문) 의정부지방법원고양지원 2016.08.26 2016가단72231
배당이의
Text

1. On April 23, 2015, the defendant and B as to Nos. 402, 15, and 1503, Goyang-gu, Gyeyang-gu, Yangyang-gu, Seoul.

Reasons

1. Basic facts

A. A. In around 2008 and around 2009, E Co., Ltd. (hereinafter “E”) obtained a loan from our bank (hereinafter “Korea bank”) on two occasions. In relation to each of the above loans, the Plaintiff guaranteed the obligations of the Nonparty Company to the financial institution.

On the other hand, B, the representative director of the non-party company, was jointly and severally guaranteed the non-party company's indemnity liability arising when the plaintiff pays the principal and interest of loan to the financial institution in accordance with the above guarantee agreement.

B. On June 18, 2015, the non-party company delayed the payment of the principal and interest of the loan to our bank. On June 18, 2015, the Plaintiff received a provisional attachment decision of KRW 134,550,00 (Seoul Southern District Court 2015Kadan201544) with respect to the claim amounting to KRW 134,50,000 as to the non-party company’s joint and several liability (hereinafter “the apartment of this case”) owned by the non-party company B, a joint and several surety of the non-party company, and completed provisional attachment registration. In fact, the Plaintiff subrogated the bank to KRW 136,904,169 in total.

C. Meanwhile, with respect to the instant apartment, the registration of the establishment of a collateral security right regarding the instant apartment was completed on April 10, 2015, with the maximum debt amount of KRW 306,00,000, with the debtor B and the debtor as the Korean Commercial Damage Insurance Co., Ltd., and on April 10, 2015, with the maximum debt amount of KRW 26,000,000, with the debtor as the debtor as the Central Credit Union, and the debtor as the debtor and the mortgagee as the debtor as the Central Credit Union. However, on April 23, 2015, the Defendant concluded a collateral security contract with B on April 23, 2015 (hereinafter “instant collateral security contract”). Accordingly, on June 24, 2015, the registration of the establishment of a collateral security right regarding the instant apartment was additionally completed on June 24, 2015.

On June 24, 2015, the defendant filed an application for the commencement of voluntary auction of the apartment of this case with the Korean Government High Court in order to establish a new mortgage on the apartment of this case (D of the above court).

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