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Reasons
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(영문) 의정부지방법원 2019.05.03 2018가단130787
배당이의
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1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 22, 2008, the Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with E running a business with the trade name of “D” and with the amount of KRW 23,800,000,000, and E obtained a loan from the F Bank in accordance with the said credit guarantee agreement.

B. On August 9, 2017, the Plaintiff subrogated (hereinafter “instant subrogation”) to the F Bank for the principal and interest of 24,052,736 won based on the said credit guarantee (i.e., the agreement by the date of subrogated payment of KRW 23,80,000 on the subrogated principal). The Plaintiff concluded a contract for partial transfer of the right to collateral security (hereinafter “instant collateral security”) with the F Bank’s maximum amount of 47,000,000 won out of the amount of subrogated payment of KRW 24,052,736 of the amount of subrogated payment of KRW 24,052,736 of the amount of subrogated payment of KRW 23,80,00,000 on real estate listed in the attached list (hereinafter “instant collateral security”) from the F Bank

C. After that, the auction procedure for the auction of real estate was conducted as to the real estate stated in the attached list by the District Court B (C) and on October 15, 2018, the sum of KRW 403,093,944 was distributed to the Defendant who acquired the instant collateral security and the secured obligation from the F Bank, and the Plaintiff did not have been distributed to the Plaintiff.

On October 18, 2018, the Plaintiff raised an objection against KRW 28,287,831 of the Defendant’s dividend on the date of distribution, and thereafter filed the instant lawsuit on October 18, 2018.

E. Meanwhile, on November 29, 2017, the Plaintiff filed a lawsuit against E to claim compensation for the amount of subrogated payment under Seoul East Eastern District Court Decision 2017Da13810 (hereinafter “the judgment in a prior suit”) and rendered a favorable judgment to the effect that “the Defendant shall pay the said amount of subrogated payment and the amount calculated by the rate of 10% per annum from August 9, 2017 to August 23, 2017, and 15% per annum from the next day to the date of full payment” (hereinafter “the judgment in a prior suit”).

[Ground of recognition] Unsatisfy, A(1) through (3)

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