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(영문) 부산지방법원 2020.03.12 2019가단310920
배당이의
Text

1. The defendant among the distribution schedule prepared on March 25, 2019 by the above court with respect to the case of compulsory auction by Busan District Court B immovables.

Reasons

1. Facts of recognition;

A. On July 3, 2017, the Plaintiff (Withdrawal) filed an application with the Seoul Western District Court for a payment order against C as Seoul Western District Court Decision 2017 tea50838, and the payment order was issued on July 3, 2017, stating that “C shall pay to the Plaintiff (Withdrawal) the KRW 1,808,880,826 and the delay damages therefor,” and the said payment order was finalized on August 8, 2017.

B. On June 22, 2009, the Defendant entered into a guarantee agreement with D Co., Ltd. (hereinafter “D”) on the principal and interest of loan to be borne by D in obtaining a loan from the Industrial Bank of Korea, and C and E, on the same day, jointly and severally guaranteed all the obligations owed by D under the above guarantee agreement.

B) After that, D’s delayed repayment of loans, the Defendant concluded a guarantee agreement with the Bank of Korea on the principal and interest repayment obligation to be borne by the Bank of Busan District Court on June 1, 2017 as Busan District Court Branch Branch of 2017 tea and 11479, and applied for payment order from the above court on June 1, 2017, “C shall pay damages for delay to the Defendant for KRW 900,239,870 and 900,237,932 out of them.” The above payment order became final and conclusive on June 22, 2017. 2) The Defendant concluded a guarantee agreement with the Defendant on the payment order with the Bank of Korea on the payment order for KRW 50,00,239,870 and damages for delay for joint and several surety payment from the Bank of Busan District Court on June 22, 2017, the Defendant applied for payment order to the Defendant on June 25, 2017.

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