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1. The plaintiff's bankruptcy debtor A's bankruptcy trustee who is the taking over of the lawsuit by the defendant A of the Korea Credit Guarantee Fund.
Reasons
1. The facts of recognition
1) On March 25, 2016, the Plaintiff Credit Guarantee Fund (hereinafter “Plaintiff”) is a Co., Ltd. D (hereinafter “Nonindicted Company”).
B) On the same day, A entered into a credit guarantee agreement between March 25, 2016 and September 23, 2016 with respect to the principal and interest to be borne by the non-party company to the E Bank. (2) On the same day, A guaranteed the obligation owed by the non-party company to the Plaintiff Credit Guarantee Fund under the said credit guarantee agreement.
3) As the non-party company lost the benefit of the lending of the above E bank, on December 27, 2018, the Plaintiff’s Credit Guarantee Fund repaid KRW 66,190,39 on behalf of the non-party company on behalf of the E bank. (b) A sold each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to the Defendant C on July 30, 2018 (hereinafter “the instant sale”) at KRW 10 million, and around July 31, 2018, the Busan District Court received the ownership transfer registration (hereinafter “each of the instant transfer registration”).
2) At the time of the instant transaction, A was in excess of his/her obligation. C.1) Nonparty Company filed a petition for bankruptcy with this court on September 19, 2018, and was declared bankrupt by this court on November 28, 2018.
2) On October 5, 2018, A filed a petition for bankruptcy with this court. On May 13, 2019, A was declared bankrupt by this court, and B was appointed as a trustee in bankruptcy from this court. D. After A was appointed as a trustee in bankruptcy, B took over the status of A as to the lawsuit for the claim for the reimbursement of the instant amount filed on the basis of the said joint and several liability guarantee. ② On the lawsuit for the revocation of the instant fraudulent act filed by the Plaintiff Credit Guarantee Fund against Defendant C, the Plaintiff taken over the status of the Plaintiff Credit Guarantee Fund as the Defendant, and subsequently amended the purport of the claim as the claim for the revocation registration. [In the absence of any dispute over the grounds for recognition, Party A, 1, 2, 3, and 3.]