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(영문) 창원지방법원거창지원 2019.07.23 2017가단10102
배당이의 등 청구소송
Text

1.(a)

On August 21, 2015, it is concluded between the defendant and B as to each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. (i) On May 19, 2006, the Plaintiff entered into a credit guarantee agreement between D Co., Ltd. (hereinafter “D”) with respect to the obligation to repay the principal and interest of the loan to D E Bank, with a credit guarantee agreement between D Co., Ltd. (hereinafter “D”), and issued a credit guarantee agreement on May 18, 2007 (which was later extended on May 6, 2016).

Accordingly, D was loaned KRW 500,000,000 from E Bank on May 4, 2010.

D The representative director B has jointly and severally guaranteed all debts owed to the plaintiff according to the above credit guarantee agreement.

After D on January 23, 2016, a credit guarantee accident occurred, such as delinquency of interest in E Bank, and the Plaintiff subrogated to E Bank totaling KRW 380,000,000, interest, and KRW 5,526,186, in accordance with the said credit guarantee agreement.

B. B concluded a mortgage agreement between B and the Defendant regarding each of the real estates listed in the separate sheet (hereinafter “instant real estate”) with the Defendant on August 21, 2015, with the maximum debt amount of KRW 500,000,000, and the debtor B and the mortgagee as the Defendant (hereinafter “instant mortgage agreement”), and concluded a mortgage agreement with the Defendant on August 21, 2015, and completed the registration of the establishment of a mortgage as the receipt of the Changwon District Court Joint Registry No. 12504 on August 24, 2015.

C. On April 29, 2016, the procedure for the auction of real estate was commenced on April 29, 2016 at the request of the FF Association (former G Cooperatives) with respect to the real estate in this case.

The decision to permit sale of the above real estate was made on November 25, 2016 in the procedure of the voluntary auction, and on January 4, 2017, the mortgage of this case was entirely cancelled due to the transfer of ownership to the purchaser.

On the date of distribution proceeding on January 16, 2017, the above court prepared a distribution schedule with the content that distributes KRW 1,243,553 to the defendant, who is the right to collateral security, and even though the demand for distribution was made, the plaintiff did not receive the distribution.

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