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(영문) 대구지방법원 2014.04.18 2013가합203929
채권조사확정재판에 대한 이의의 소
Text

1. The Daegu District Court shall authorize the final inspection judgment of rehabilitation security rights rendered on July 5, 2013 to be approved on July 5, 2013.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. The Plaintiff and the Korea Technology Credit Guarantee Fund concluded a credit guarantee agreement between the debtor and the debtor with respect to trade bill loans to Korea Exchange Bank (hereinafter “Korea Exchange Bank”).

The debtor completed the registration of establishment of each of the maximum debt amount of September 30, 1999 1,400,000,000 won (1st order) on the maximum debt amount of January 28, 200, 200,300 won (2nd order),

B. On the other hand, on September 24, 2012, the Daegu District Court rendered a final decision to commence rehabilitation as the Daegu District Court 2012 Joints.50 on the debtor.

C. The Korea Technology Credit Guarantee Fund, on September 28, 2012, subrogated a part of the finalized claim to the Korea Technology Credit Guarantee Fund under the aforementioned credit guarantee agreement, and completed the registration of partial transfer of KRW 760,000,000 out of the third priority collateral security as to the instant collateral on October 5, 2012.

On the other hand, on October 12, 2012, the Plaintiff subrogated for KRW 544,964,740 to Korea Exchange Bank based on the credit guarantee agreement.

In the rehabilitation proceedings above, the Korea Technology Credit Guarantee Fund reported the claim for indemnity on October 23, 2012, the Korea Technology Credit Guarantee Fund paid the remainder of the claim after subrogation on October 25, 2012, and the Plaintiff reported the claim for indemnity as each rehabilitation security right on November 1, 2012.

As to this, the Defendant, a custodian of the instant security at the time of the inspection date, shall first distribute the assessed amount of KRW 1,761,42,940 out of the assessed amount of KRW 2,378,642,940 to the claims reported by the Korea Exchange Bank, and shall be deemed a rehabilitation security right of the Korea Exchange Bank. The remaining assessed amount of KRW 617,217,113 as the rehabilitation security right of the Korea Technology Credit Guarantee Fund, but the claims reported by the Plaintiff shall not be deemed a rehabilitation security right.

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