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(영문) 서울중앙지방법원 2020.07.07 2019가단5184791

배당이의

Text

1. As to the shares of 1/2 of the real estate listed in the attached list of real estate, C and Defendant A entered into a contract on October 15, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff’s credit guarantee and the occurrence of a guarantee accident against F Co., Ltd. (1) The Plaintiff, a corporation established under the Credit Guarantee Fund Act, is the Plaintiff F Co., Ltd. (hereinafter “Nonindicted Company”).

(1) On August 9, 2016, the term “the first credit guarantee” means a credit guarantee (hereinafter referred to as “the first credit guarantee”) under which the term of the credit guarantee is from August 9, 2016 to August 8, 2017, the credit guarantee amounting to KRW 270,000,000 as the credit guarantee principal in obtaining a loan from a G bank.

(2) After entering into an agreement, a credit guarantee (guarantee number): (a) was issued to a G bank on the same day; (b) was finally changed the term of guarantee to August 8, 2018; and (c) on April 4, 2017, the non-party company’s loan amounting to KRW 425,00,000 as the principal of the credit guarantee; and (d) the term of the credit guarantee is from April 4, 2017 to April 3, 2018 (hereinafter “second guarantee”).

(3) On April 4, 2017, when a non-party company obtains a loan from an I bank, it is deemed that the credit guarantee period is the principal of the credit guarantee and the credit guarantee period is from April 4, 2017 to April 3, 2018 (hereinafter “third guarantee”).

(2) After entering into an agreement, the representative director C of the non-party company jointly and severally guaranteed the obligation owed by the non-party company to the plaintiff pursuant to the first, second, and third guarantee agreement between the plaintiff and the non-party company. The non-party company's representative director C was a joint and several surety for the non-party company to the plaintiff in accordance with the first, second, and third guarantee agreement.

3 On August 11, 2016, the non-party company made the first guarantee from the G Bank to KRW 300,000,000 for corporate general loans, with the second guarantee from the I Bank on April 7, 2017, and with the third guarantee from the I Bank.