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(영문) 부산지방법원 2018.01.26 2017나45353

청구이의

Text

1. At the request of the Plaintiff’s change in exchange at the trial, the Defendant: (a) KRW 77,317,283; and (b) the Defendant’s payment to the Plaintiff.

Reasons

1. Facts of recognition;

A. B Co., Ltd. (hereinafter “B”) and the Korea Technology Credit Guarantee Fund’s credit guarantee agreement;

(2) On September 21, 1999, the Korea Technology Credit Guarantee Fund concluded a credit guarantee agreement with the Korea Technology Credit Guarantee Fund and received a credit guarantee agreement with the guarantee principal of KRW 29.8 million, the guarantee term of September 21, 200 (the change to September 21, 2001) and the guarantee rate of KRW 85 percent. 2) The Korea Technology Credit Guarantee Fund (which was merged with the Korea Technology Credit Guarantee Fund, and hereinafter referred to as the “Korea Technology Bank”) loaned the said credit guarantee agreement in the amount of KRW 35 million to B on October 2, 1999.

3) At the time of the said guarantee agreement, the Plaintiff and C, the representative of the Plaintiff and C, were jointly and severally guaranteed by the Korea Technology Credit Guarantee Fund, as well as all liabilities such as indemnity amount to be borne by B under the said guarantee agreement. 4) The Korea Technology Credit Guarantee Fund received from the Korea Technology Credit Guarantee Fund on January 8, 2001 notice of a guarantee accident due to the due diligence of B from the Korea Technology Credit Guarantee Fund on January 8, 2001, and on May 11, 2001, paid the principal and interest amount of KRW 30,440,087 based on the said guarantee agreement (= Principal amount of KRW 29,80,087) to the Korea Technology Credit Guarantee Fund.

B. On March 31, 2001, the Korea Technology Credit Guarantee Fund filed a claim against the Plaintiff, B, and C for reimbursement due to the said credit guarantee accident in B as the Seoul District Court 2001Da79523, and as well as Sungnam-si E apartment 101 Dong 602 (hereinafter “instant apartment”) owned by the Plaintiff.

2) The Plaintiff filed a lawsuit seeking the revocation of the fraudulent act against F, G, or H with respect to the instant apartment (hereinafter “instant prior lawsuit”).

(2) On July 2001, the Plaintiff filed a lawsuit to revoke the fraudulent act against F, G, and H, immediately after receiving KRW 10 million from the Plaintiff, the Korea Technology Credit Guarantee Fund and the Korea Technology Credit Guarantee Fund, which was in the process of the instant previous suit.