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(영문) 대구지방법원서부지원 2019.04.11 2018가단59110
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Preparation of the distribution schedule of this case;

A. On March 19, 2010, the Plaintiff entered into a credit guarantee agreement with C and issued such guarantee to the Industrial Bank of Korea.

Guarantee Date: Amount guaranteed on March 19, 2010: 142,50,000 won (the amount shall be changed to KRW 108,000,000 thereafter): March 18, 2015 (afterma, the amount changed to March 18, 2016);

B. However, on August 7, 2015, C filed a credit guarantee accident with the principal in arrears. On September 23, 2015, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 108,94,644 under the instant credit guarantee agreement (i.e., principal amount of KRW 108,00,000,000).

After that, on September 23, 2015, the Plaintiff recovered KRW 995,070 from C on September 23, 2015, and the amount of subrogation was KRW 107,949,574 (=108,944,644 - 995,070).

C. On December 22, 2015, the Plaintiff filed a lawsuit claiming reimbursement against C by the Daegu District Court 2015Kadan123938, and rendered a favorable judgment against C, and the judgment became final and conclusive on February 5, 2016.

The Defendant applied for a loan payment order against C, C, and C’s children E based on the following loan certificates (hereinafter “the loan certificate in this case”). The payment order was issued on July 26, 2017 by the Daegu District Court 2017 tea3861, and the payment order became final and conclusive on September 28, 2017.

Date of preparation: 124,00,000 won on May 11, 2015: Date of payment: 124,000,000 won: interest rate of 12% on the balance of repayment from June 26, 2006 to May 11, 2015, overdue interest of 24%: C and D joint and several sureties: E

E. The Plaintiff filed an application for a compulsory auction of real estate at Seo-gu District Court Seo-gu District Court 165,533,642 with respect to “F building G (hereinafter “the instant real estate”) as real estate owned by C, and filed a claim statement stating the total amount of KRW 165,53,642 (=the principal amount of KRW 107,949,574, KRW 12,058,5971, KRW 12,058,597) as the applicant obligee.

F. The Defendant submitted a claim statement stating the total amount of KRW 217,723,615 (the principal of KRW 124,00,000) (the interest of KRW 93,723,615).

(g) July 2018;

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