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(영문) 창원지방법원마산지원 2016.09.29 2015가단105295
배당이의
Text

1. On November 12, 2015, with respect to the case of the auction of real estate A and B (Dual) with the Changwon District Court Msan Branch A and the said court.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) The Plaintiff Company D (hereinafter “D”)

B.A credit guarantee agreement (hereinafter referred to as the “instant credit guarantee agreement”) between the two as shown in Table 1 below:

(2) Around March 20, 2013, D entered into a credit guarantee agreement and obtained a loan from an enterprise bank as follows:

3. Table 3: (a) 1 E, the sum of principal and interest on the date of subrogation by the serial number of the Plaintiff’s payment by subrogation (won) 1 E on December 23, 2014; (b) 450,000,802,502,500 453,802,500 on December 23, 2014; (c) the Plaintiff, as a creditor of indemnity against C, as a creditor of indemnity by Changwon District Court Decision 2014Kadan5424, Dec. 16, 2014; (c) the real estate listed in the separate sheet owned by C (hereinafter “instant real estate”).

(C) A provisional attachment order of KRW 450,000,000 was issued with respect to the claim amount, and the provisional attachment registration was completed on the same day (hereinafter referred to as “the provisional attachment registration”).

B) B. B. The Defendant’s claim against C, collateral security right, and collateral security right revocation lawsuit 1) agreed on November 12, 2014 with respect to the instant real estate by setting up the right to collateral security against the Defendant with the maximum debt amount of KRW 120,00,000, the debtor D, and collateral security right holder as the Defendant, and affixed the following day on November 13, 2014.

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