구상금
1. The plaintiff's claim of this case is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On April 6, 2011, in order to obtain a loan of KRW 90,00,000 from a bank, D Co., Ltd. (hereinafter “D”) entered into a credit guarantee agreement with the Credit Guarantee Fund on April 6, 201, setting the term of guarantee as KRW 76,50,000,000, and as of April 5, 2012 (including the following modified contract) (hereinafter “instant credit guarantee agreement”), and thereafter, took out a loan of KRW 90,00,000 from the Korea CTR Bank.
A Based on the credit guarantee agreement of this case, A has jointly and severally guaranteed all obligations such as indemnity liability to be borne by D to the Credit Guarantee Fund.
B. Thereafter, D applied for a change in the terms and conditions of credit guarantee to the Credit Guarantee Fund six times, respectively, and the term of the guarantee was changed to 68,680,000 won, and that of September 29, 2017.
C. D on December 11, 2016, 2016, the payment of interest on loans and installment payments to the Korea CTR Bank was delayed, and the Korea CTR Bank requested the Korea Credit Guarantee Fund to discharge the guaranteed obligation, and on March 21, 2017, the Korea CTR Bank subrogated to KRW 68,826,714 in total as principal and interest to the Korea CTR Bank.
The Credit Guarantee Fund recovered KRW 102,902 from D on March 21, 2017, and collected KRW 102,902 is KRW 28.
E. The Defendant leased A KRW 15,00,000 (on October 17, 2016, remittance of KRW 10,000,000, and remittance of KRW 5,000,000 on October 18, 2016), and A concluded a mortgage agreement with the Defendant and the maximum debt amount regarding the real estate stated in the separate sheet (hereinafter “instant apartment”) which is the only property on October 17, 2016 as security for the said loan loan, with respect to the real estate (hereinafter “instant apartment”), which is the only property on October 17, 2016, and completed the registration of the establishment of a mortgage as the Gwangju District Court’s receipt of KRW 18921 on October 17, 2016.
F. On August 23, 2017, A was declared bankrupt by the Gwangju District Court, and the Plaintiff was appointed as a trustee in bankruptcy.
Accordingly, the plaintiff takes over the lawsuit of this case and the debtor's rehabilitation.