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(영문) 수원지방법원 2017.05.11 2016가합70419
배당이의
Text

1. On December 15, 2014, the real estate indicated in the separate sheet between the Defendant and Nonparty B was concluded between the Defendant and Nonparty.

Reasons

1. Basic facts

A. The Plaintiff’s joint and several surety claim No. B 1) The Plaintiff created D Co., Ltd. (hereinafter “D”) on May 27, 2009

B) A creditor bank, type of credit guarantee loan, principal of credit guarantee principal, KRW 475,00,00, and the due date of May 26, 2010 entered into a credit guarantee contract with D as of May 26, 2010. And D’s representative B entered into a joint and several surety agreement with D as of May 22, 2015. The said credit guarantee agreement and joint and several surety agreement continued to be renewed and extended until May 22, 2015. (2) D lost the benefit of time due to the credit guarantee agreement, and the Plaintiff paid KRW 292,142,252 to the national bank in subrogation of D on October 2, 2015.

B. On December 15, 2015, B and B’s property status 1) B between the Defendant and B, the real estate indicated in the separate sheet (hereinafter “instant real estate”).

3) As to the establishment of a mortgage contract, the mortgage contract is concluded (hereinafter “mortgage contract”).

(2) The Defendant’s establishment registration of the establishment of a neighboring mortgage (hereinafter “registration of the establishment of a neighboring mortgage of this case”) No. 205745, Dec. 16, 2014 (hereinafter “the establishment of a neighboring mortgage of this case”).

2) At the time of the instant mortgage contract, B’s active property was totaled of KRW 1,068,533,901 as indicated below in the list of positive property; 3,528,416,969 won in aggregate of KRW 3,528,416,969 in the following list of passive property (unit: KRW 280,000,000 in the instant real property; 281,553,040, 3306 3,980,8614, 603, 603, and B’s share of KRW 13,000 in the G building’s 603,00,000,068,53,901 in the following list of passive property. Therefore, it was a state of excess of B’s debt.

Small property (units: 1,463,07,9572 national bank 326,000,000 corporate bank 343,409,012 4,220.

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