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(영문) 광주지방법원 2020.12.22 2019가단540171
배당이의
Text

1. It was concluded on January 11, 2019 with respect to each real estate listed in the separate sheet between Defendant B and E.

Reasons

1. Basic facts

A. On July 4, 2008, the Plaintiff entered into a credit guarantee agreement between E and E with the content that the Plaintiff guarantees repayment, and the Plaintiff paid the principal and interest of the loan to H association on July 31, 2019. The Plaintiff subrogated for KRW 9,561,912 to the H association on July 31, 2019. (2) On February 2, 2010 and November 5, 2013, the Plaintiff entered into a credit guarantee agreement between E and E under which the Plaintiff guarantees repayment, and as E delayed payment of the principal and interest of the loan, the Plaintiff subrogated for KRW 20,301,946 in total to the I association on May 30, 2018.

3) The Plaintiff’s respective real estate listed in the separate sheet owned by E (hereinafter “instant real estate”) with the claim claim amounting to KRW 19,870,700,00 in accordance with each credit guarantee agreement as of February 2, 2010 and November 5, 2013 as of November 5, 2013.

2) The separate real estate of this case (hereinafter referred to as “the separate real estate of this case”) and the land of the J, K, the above L, the Naju-si M, and the above N.

(4) On October 31, 2018, the Plaintiff filed an application for provisional seizure of real estate with the Naju District Court 2018Kadan68, and received a provisional seizure order from the said court on April 12, 2018. The Plaintiff was issued an order to pay 12% per annum with respect to 21,214,416 won with respect to 20,267,84 won with respect to the Plaintiff, and 20,267,844 won with respect to 21,214,416 won with the Naju District Court 2018, and 15% per annum from the following day until the date of the delivery of the original payment order, and the above payment order was served on E on February 8, 2019 and finalized on February 2, 2019.

5 The Plaintiff filed an application for provisional seizure of real estate with the Gwangju District Court 2019Kadan83, May 30, 2019 with respect to each of the instant real estate with respect to the claim of KRW 9,255,062 as the prior indemnity amount pursuant to the credit guarantee agreement of July 4, 2008 with respect to E.

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