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(영문) 인천지방법원 2016.01.13 2014가합59480
배당이의
Text

1. Of the distribution schedule prepared on November 4, 2014 by the said court with respect to the auction case of real estate B in Incheon District Court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff is UN Construction Co., Ltd. (hereinafter “NN Construction”).

The United Nations Construction Bank entered into a credit guarantee agreement and issued a credit guarantee agreement, as described in the attached Table, with a view to securing the repayment of the loan obligation, with a view to obtaining a loan from the Bank of Korea. C and D entered into an agreement with the Plaintiff for the joint and several guarantee of all the obligations of the United Nations Construction under each of the above credit guarantee agreements. 2) According to each of the above credit guarantee agreements, the United Nations Construction, C and D jointly and severally determined to pay the Plaintiff the amount of subrogation and the delayed payment, penalty, expenses incurred in the payment, and expenses incurred in the performance or preservation of the Plaintiff’s rights, and the rate of delay damages determined by the Plaintiff is 12% per annum from December 1, 2012 to the date of the execution or preservation of the Plaintiff’s rights.

3) On April 30, 2014, the Plaintiff repaid to the Bank the principal and interest of credit guarantee under the third credit guarantee agreement 507,724,383 won, the principal and interest of credit guarantee under the first credit guarantee agreement 270,044,154 won, and the principal and interest of credit guarantee under the second credit guarantee agreement 425,585,141 won to the Nonghyup Bank on May 19, 2014 (4) the Plaintiff repaid the first credit guarantee interest under the second credit guarantee agreement 7,723,470 won to the Bank on May 19, 2014, and appropriated the remainder for the subrogated payment under the first credit guarantee agreement 262,320,683 won (=270,044,154 - 7,723,470 won). The amount finalized until the payment of the above amount was made (=2,539,723,7236,705) x 173637

B. C entered into a mortgage agreement between C and the Defendant on November 21, 2013, based on a mortgage agreement concluded on November 21, 2013 with regard to land and above ground buildings (hereinafter “each of the instant real estate”) in the name of Bupyeong-gu Incheon E, Incheon, and 223.6 square meters, etc., of the Defendant (hereinafter “instant real estate”).

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