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1. The distribution schedule prepared on October 26, 2017 by the above court with respect to the Ulsan District Court C's auction of real estate.
Reasons
1. The facts following the facts are acknowledged as either a dispute between the parties, or in full view of the evidence Nos. 1 to 10 and the purport of the entire pleadings.
A. On December 28, 2015, the Plaintiff entered into a payment guarantee insurance contract with E Co., Ltd. (hereinafter “E”) with the insured F Co., Ltd. (hereinafter “F”) (hereinafter “instant payment guarantee insurance contract”). D, the representative director of E, guaranteed the Plaintiff’s joint and several liability for reimbursement against the Plaintiff following the Plaintiff’s payment of insurance proceeds.
B. Upon occurrence of the cause for the payment of insurance proceeds stipulated in the instant payment guarantee insurance contract, the Plaintiff received a claim from F for insurance proceeds, and the Plaintiff paid KRW 130,000,000 insurance proceeds to F on July 13, 2016. Accordingly, the Plaintiff has a claim for reimbursement against E and D (hereinafter “instant amount for reimbursement”).
C. On July 4, 2016, prior to the payment of the above insurance proceeds to F, the Plaintiff received a provisional attachment decision (Ulsan District Court 2016Kadan1868) regarding the real estate in the separate sheet (hereinafter “instant housing”) with the claim for indemnity of this case as the preserved bond.
On August 1, 2016, the Plaintiff filed an application for payment order against E and D with Busan District Court No. 2016Da7335, and received an order to pay the Plaintiff the amount of KRW 130,000,000 and the amount of KRW 6% per annum from July 14, 2016 to August 10, 2016, and the amount of 15% per annum from the next day to the date of full payment. The payment order was finalized on August 25, 2016.
E. As to the instant housing, in the Ulsan District Court C real estate auction case (the registration date of the decision on commencing the auction: May 26, 2017; hereinafter “instant voluntary auction case”) filed by the G Union, which is the mortgagee of the right to collateral security (hereinafter “instant right to collateral security”) established on March 19, 2004, the Defendant himself on June 27, 2004, and the Defendant himself on June 27, 2004.