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(영문) 수원지방법원성남지원 2016.08.24 2015가합207354
배당이의
Text

1. The plaintiff's main claim is dismissed.

2.(a)

With respect to the real estate listed in the separate sheet between B and the defendant.

Reasons

1. Basic facts

A. On June 30, 2008, D entered into a joint and several guarantee contract with the Industrial Bank of Korea (hereinafter “the Bank”) on the loans of D Co., Ltd. (hereinafter “D”) and B (hereinafter “D”) on June 30, 2008, D entered into a loan contract with the Industrial Bank of Korea as of June 30, 201, and 400 million won. D’s representative director, as of the same day, jointly and severally guaranteed the above loan obligations up to 480 million won. In addition, on November 10, 201, D entered into a contract with the Industrial Bank of Korea for loans of 50 million won and the due date for repayment of the loans of small and medium enterprises, as of November 8, 2013. On the same day, B entered into a joint and several guarantee contract with respect to the above loan obligations (hereinafter “instant loan”).

(2) D) Around June 2013, due to the delinquency in the payment of the principal and interest of the instant loan, D lost the benefit of the due date for the instant loan. As of June 30, 2015, the remaining principal and interest of the instant loan claims as of June 30, 2015 are KRW 205,947,467.

B. B’s act of disposing of property and current property status 1) B on August 16, 2012, the F apartment 103 Dong 903 (hereinafter “instant real estate”) owned by the Defendant in Gwangju-si, Gwangju-si (hereinafter “instant real estate”).

(1) As to the establishment registration of a mortgage, the maximum debt amount is KRW 70 million on the ground of the contract to establish a contract on August 14, 2012, and the debtor B and the mortgagee as the defendant (hereinafter “the first collateral security”).

(2) The Defendant, on June 3, 2013, was also aware of the establishment registration of a collateral security (hereinafter “instant second collateral security”) and on June 3, 2013, the establishment registration of a collateral security (hereinafter “instant collateral security”) consisting of the maximum debt amount 210 million won and the debtor B and the mortgagee as the Defendant on the same day.

(2) At the time of the establishment of the second right to collateral security, B was in excess of the obligation.

C. The Industrial Bank of Korea, in sequence, transfers the instant loan claims, the progress of auction on the instant real estate, and the first Industrial Bank of Korea of Korea of objection to distribution.

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