logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원안양지원 2020.02.07 2019가단102763
배당이의
Text

1. As to the auction case of the security deposit of real estate C with the Suwon District Court, it shall be prepared on February 3, 2019 by the same court.

Reasons

1. Facts of recognition;

A. A. Around April 2003, the Defendant entered into a goods supply contract (hereinafter “instant goods supply contract”) with D Co., Ltd. (hereinafter “Nonindicted Company”) and E and F jointly and severally guaranteed the non-party company’s obligation to pay for the goods to the Defendant.

B. E and F owned each of 1/2 shares of G Apartment H (hereinafter “instant real property”). In order to secure the right to the purchase of the goods under the instant goods supply contract against the Defendant of the non-party company, E and F created the right to collateral security (hereinafter “each of the instant secured claims”) under the Defendant’s name, each of the maximum debt amounts per April 15, 2003, the maximum debt amount per annum 130 million, around April 27, 2006, and around February 21, 2007, around the maximum debt amount per each of the instant secured claims (hereinafter “each of the instant secured claims”).

C. On May 6, 2011, the Plaintiff entered into a guarantee insurance contract between the Defendant, the insurance period from May 2, 201 to May 1, 2013, 201, and the Defendant, the insurance period from May 2, 2011 to May 1, 2013 (hereinafter “instant guarantee insurance contract”). E and F jointly and severally guaranteed the non-party company’s liability for reimbursement against the Plaintiff.

The Defendant supplied goods to the non-party company by March 15, 2013 under the instant contract for the supply of goods. However, the Defendant did not receive the price of goods KRW 921,363,524 from the non-party company at the same time, and around June 2013, the Defendant received KRW 170 million from J around September 2013, and KRW 200 million from the Plaintiff on January 13, 2014 under the instant guarantee insurance contract. Nevertheless, the Defendant’s claim for the price of goods against the non-party company at the same time became 451,325,124 won.

E. On January 3, 2018, the Defendant, each of the instant collective security interests, filed an application for voluntary auction regarding the instant real estate (hereinafter “instant auction procedure”) with the Suwon District Court Ansan Branch C around January 3, 2018, and rendered a voluntary decision to commence the auction on January 4, 2018.

(f) above;

arrow