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(영문) 수원지방법원안양지원 2020.07.09 2020가단101377
배당이의
Text

1. A distribution schedule prepared by the court of the first instance on January 22, 2020 with respect to the auction of the real estate B in the Suwon District Court Anyang Branch B.

Reasons

Facts of recognition

A. The Plaintiff’s claim 1) The guarantee period of January 27, 2015 between C and C was changed on January 26, 2016 (this later, January 26, 2017).

(i) the conclusion of a credit guarantee agreement with a maximum amount of 32 million won (hereinafter referred to as “first guarantee agreement”).

(3) In the event that a credit guarantee agreement is concluded on October 7, 2016 with a guarantee period of October 8, 2015 (hereinafter “second guarantee agreement”), the guarantee amount of which is KRW 40 million (hereinafter “second guarantee agreement”).

(2) C) each was granted a loan of KRW 40 million from the Industrial Bank of Korea as security and KRW 50 million as security for a guarantee under the Second Guarantee Contract.

3) On November 21, 2016, C caused a credit guarantee accident that would lose the benefit due to the delinquency in the payment of each of the above loans. Accordingly, on December 7, 2016, the Plaintiff subrogated the Industrial Bank of Korea for KRW 70,627,288 in total. The Plaintiff spent KRW 515,885 as the cost of preserving the claim for indemnity, and the Plaintiff incurred KRW 10,410 as of December 6, 2016. The agreed damages rate determined by the Plaintiff is 10% per annum. (b) The Defendant concluded a goods supply contract with D (hereinafter “D”) on August 1, 2012, and supplied the goods at adult container. D’s representative director as a joint and several surety for the Defendant.

In addition, from September 2015, the defendant has supplied goods to the individual enterprises of C.

2) As of December 30, 2013, C refers to a joint and several surety obligation of KRW 103,255,400 against the Defendant as of December 30, 2013 (C refers to a joint and several surety obligation of KRW 103,255,40 against the Defendant, and a principal obligation against the Defendant arising from

A. As of March 11, 2016, there was an obligation to pay for the goods of KRW 100,107,032.

C) On March 11, 2016, a written statement of payment, stating that “The obligation of KRW 100,107,032 above is to be paid up until April 30, 2016 and to be provided as a security in the event of failure to pay within the due date.”

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