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(영문) 수원지방법원성남지원 2016.12.14 2015가단221377
배당이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement on February 25, 201 with respect to the obligation to repay the principal and interest of loan to the Bank of Korea of the non-party company (hereinafter “non-party company”) (hereinafter “the instant credit guarantee agreement”) between the Plaintiff and C (hereinafter “the non-party company”). The non-party company agreed to obtain a credit guarantee agreement based on the instant credit guarantee agreement from the Industrial Bank of Korea as collateral and thus, the non-party company would lose its profits for all obligations when there are reasons such as delinquency in payment of interest, etc. or dishonor.

Since then, the amount guaranteed under the credit guarantee agreement of this case was 170,000,000 won, and the maturity was changed to February 17, 2015.

B. On September 16, 2014, the non-party company lost the benefit of time for its obligations to the Industrial Bank of Korea on the grounds of this natural body. Accordingly, the Plaintiff paid the Industrial Bank of Korea KRW 173,268,838 on December 29, 2014 as the performance of the guaranteed obligations under the instant credit guarantee agreement.

C. As to each real estate listed in the separate sheet No. 1 attached to the non-party company’s ownership (hereinafter “each of the instant real estate”), the Suwon District Court rendered the registration of establishment of a mortgage on October 11, 2012 with the maximum debt amount of KRW 60,000,000, the debtor D and the mortgagee as the defendant, as the non-party company’s defendant, was completed.

(hereinafter “instant No. 1 collateral security”). D.

On June 21, 2014, the Plaintiff, as Seoul Southern District Court Decision 2014Kadan200146, as to each of the instant real estate, shall be deemed a claim claim amount based on the credit guarantee agreement of this case, and completed the execution upon receiving a provisional attachment order of KRW 170,000,000 for the claimed amount.

E. At the request of the Industrial Bank of Korea, which is the right to collateral security, with respect to each of the instant real estate, the Suwon District Court started the auction procedure for the replacement of real estate B, and the execution court on October 15, 2015 respectively.

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