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(영문) 수원지방법원성남지원 2016.03.30 2015가단222868
배당이의
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. On October 19, 2012, Plaintiff Korea Technology Credit Guarantee Fund (Korea Technology Credit Guarantee Fund) entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) with respect to the obligation to return the principal and interest of loan to be borne by D to the national bank between D and D, 42,50,000,000 won of the guaranteed amount, general loan to loan companies, term of guarantee, and credit guarantee agreement on October 18, 2013 (amended to October 17, 2014) (hereinafter “the instant credit guarantee agreement”). D, on October 22, 2012, agreed that the credit guarantee agreement under the instant credit guarantee agreement will lose the benefit of all the obligations if D is in arrears with interest, etc. or due to any cause, such as default.

B) On April 1, 2014, D lost profits from all obligations to a national bank due to the registration of a person subject to credit management due to an individual party settlement. Accordingly, the Plaintiff Technology Credit Guarantee Fund subrogated the principal and interest of a national bank of KRW 42,662,21 on May 21, 2014 as a result of the performance of a guaranteed obligation under the instant credit guarantee agreement. C) The Plaintiff Technology Credit Guarantee Fund paid KRW 1,197,401 to the national bank as the cost of preserving the indemnity claim due to the said subrogation, and collected KRW 279,720 among them. D) The Plaintiff Technology Credit Guarantee Fund collected KRW 279,720 on April 15, 2014, each real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

(2) As to the real estate of this case, the Plaintiff A completed a provisional attachment order of KRW 42,500,000 as to Suwon District Court’s Sung-nam Branch’s 2014Kadan60323, and the amount of the claim is KRW 42,50,000. (2) The Plaintiff Company A issued a provisional attachment order of KRW 42,50,000 (hereinafter “the loan claim of this case”). As to each of the real estate of this case, the loan extended over 10 times from November 5, 2008 to January 10, 2014, which was paid over 252,102,940 (hereinafter “the loan claim of this case”).

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