logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2020.08.12 2020가단224558
배당금지급청구권양도
Text

1. The defendant transferred to the non-party B the claim stated in the attached list, and the non-party jurisdiction is Daejeon District Court.

Reasons

1. Basic facts

A. On June 10, 2015, the Plaintiff entered into a credit guarantee agreement with Nonparty B (hereinafter “Nonindicted Party”) on June 10, 2015, with the guarantee principal of KRW 20,00,000, and the guarantee term on June 9, 2016, and issued a credit guarantee agreement in C (hereinafter “C”). The Nonparty received a loan from Nonparty while submitting the Plaintiff’s credit guarantee certificate around that time.

After the credit guarantee agreement, the term of guarantee has been extended by June 7, 2019.

B. On August 21, 2018, the Nonparty lost the benefit of the period of the loan due to delinquency, and did not pay the principal and interest of the loan. On April 8, 2019, the Plaintiff paid the guaranteed debt by subrogation of KRW 18,491,838 to C on April 8, 2019.

C. Meanwhile, on March 5, 2013, the Nonparty entered into a mortgage agreement with D on one-half of his/her ownership (hereinafter “instant real estate”) out of the total amount of 2,311 square meters, which was owned by him/her, and entered into a mortgage agreement with D on March 6, 2013, with the maximum debt amount of KRW 60,00,000,000, and entered into the mortgage agreement with the Defendant on August 17, 2018, with the maximum debt amount of KRW 60,000,000 with respect to the instant real estate (hereinafter “instant mortgage agreement”). On August 22, 2018, the Nonparty entered into the mortgage agreement with the Defendant on August 22, 2018 (hereinafter “instant mortgage agreement”).

D Based on the foregoing right to collateral security, filed an application for the commencement of voluntary auction with the amount of claim KRW 52,000,000 with respect to the real estate of this case with the Daejeon District Court SupportF for the Incheon District Court on October 15, 2018.

(hereinafter “instant auction procedure”). (e)

The Plaintiff, as Seoul Central District Court Decision 2019Da5082116, against the Defendant in 2019, concluded the instant mortgage agreement between the Nonparty and the Defendant on the ground that the Plaintiff’s claim related to the instant A and B was a preserved claim against the Nonparty.

arrow