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(영문) 수원지방법원평택지원 2015.12.04 2014가합8877
배당이의
Text

1. On May 28, 2014, a distribution schedule prepared by the said court with respect to the public auction cases of D real estate in Suwon District Court, Suwon District Court.

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) The Plaintiff F Co., Ltd. (hereinafter “F”).

between the Department and March 19, 2009 and the same year

9. 11. Each of the guaranteed amount of KRW 300,00,000 and KRW 294,400,000, and the term of guarantee was set on March 18, 2010 and September 10, 2010, respectively, entered into a credit guarantee agreement (hereinafter “each of the credit guarantee agreements of this case”) with each of the credit guarantee agreements issued by the Plaintiff under each of the above credit guarantee agreements, and F has the same year from the Korean bank (hereinafter “Korea bank”) as the security of the credit guarantee agreement issued by the Plaintiff.

9. 14. 368,000,000 each was loaned.

At this time, G, who was in office as the representative director of F, and E, who is the representative director of F, jointly and severally guaranteed the obligation that F will bear upon the payment of the deposit in accordance with each credit guarantee agreement of this case.

2) On March 2, 2013, F began to delay the repayment of the loan, and the Bank notified the Plaintiff of the occurrence of a credit guarantee accident on the 20th of the same month.

Accordingly, the plaintiff has the same year.

4. On 17. 17. A total of KRW 485,849,109 [the principal and interest of KRW 243,638,028 [the principal and interest of KRW 243,859,988 [the principal and interest of KRW 240,000 [the principal and interest of KRW 3,859,988] - the collected amount 231,960]; the principal and interest of KRW 242,221,081 [the principal and interest of KRW 238,464,000 [the principal and interest of KRW 3,757,081];

3) Accordingly, the Plaintiff filed a lawsuit against F and E seeking a reimbursement prohibition rate, etc. under the above subrogation (Seoul Central District Court 2013Gahap518202). On September 13, 2013, the above court rendered a ruling that “F and E, etc. jointly and severally with the Plaintiff KRW 485,849,185, and 485,849,109 among them shall be paid 12% per annum from April 17, 2013 to July 12, 2013, and 20% per annum from the next day to the date of full payment.” The above ruling became final and conclusive around that time, the Plaintiff was recorded as the reimbursement creditor of E in the attached list of real estate owned by the Seoul Western District Court 2013Kadan511, Jun. 5, 2013.

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