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(영문) 서울중앙지방법원 2017.01.17 2015가단5310493
배당이의 등
Text

1. All of the plaintiff's claims are dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On August 2, 2005, the Plaintiff entered into a guarantee insurance contract with C to guarantee a teacher’s loan obligation to the Korean Teachers’ Credit Union (hereinafter “Korea Teachers’ Credit Union”) on August 2, 2005, and on August 20, 2008, paid KRW 38,449,550 of the insurance money to the said Mutual Aid Association.

(2) On September 30, 2008, the Plaintiff attached C’s third obligor’s claim against the Republic of Korea with the claim for reimbursement of indemnity arising from the payment of the above insurance money as a preserved claim for reimbursement.

On November 208, 2008, the plaintiff filed a claim for indemnity amount with the Seoul Central District Court 2008Kadan3389000, and was sentenced to the judgment that "C shall pay to the plaintiff 38,449,550 won with the interest of 19% per annum from August 21, 2008 to October 8, 2008 and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.

On February 2, 2009, the Plaintiff received the attachment and collection order, which transferred the provisional attachment as the principal attachment, by the Seoul Central District Court 2009TTT1932, with the title of execution.

B. Around June 11, 2002, the Defendant set up a collateral security (hereinafter “instant collateral security”) on (i) the first notarial deed and the Defendant’s claim seizure and collection order based thereon, and (ii) around June 11, 2002, the Defendant set up a collateral security (hereinafter “instant collateral security”) in the Gwanak-gu Seoul Special Metropolitan City D apartment 107 Dong 907 (hereinafter “instant real estate”) that is owned by the Defendant, as a security for KRW 90 million (hereinafter “instant loan”).

C was unable to repay the above loans, and on June 12, 2003, the Plaintiff agreed to repay the above loans up to December 30, 2003, but failed to repay them even after the fact.

Accordingly, C on December 29, 2003, with respect to promissory notes issued by the Defendant as the Defendant at No. 590 of Dongba General Law Firm No. 2003, par value of KRW 90 million, due date of payment, February 28, 2004, and the date of payment, “the first notarial deed” is called “the first notarial deed”.

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