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(영문) 서울중앙지방법원 2017.02.14 2016가단5112894
구상금등
Text

1. The defendant shall assist the plaintiff in the Daejeon District Court with regard to the share of 1/2 of each real estate listed in the attached list.

Reasons

1. Basic facts

A. On February 18, 2009, the Credit Guarantee Fund concluded a credit guarantee agreement between the Plaintiff and the Plaintiff operating a personal business of “C” (hereinafter “the instant business”), and issued a credit guarantee agreement (95%) under the said agreement from February 18, 2009 to February 17, 2010. On the same day, the Plaintiff received a loan of KRW 100,000,000 as a “small and Medium Enterprise Loan Loan” from the said credit guarantee agreement, and thereafter, the said guarantee period was changed to KRW 66,30,000 on December 9, 2016, and the guaranteed amount was changed to KRW 66,30,000.

B. On June 1, 2009, the Plaintiff purchased each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) with the Defendant, who is a partner of the instant business, and purchased the same month.

3. On March 16, 2016, the registration of ownership transfer was completed with respect to 1/2 of the above real estate on the ground of the sale, and on March 16, 2016, the registration of ownership transfer was completed on the ground of the same date on the part of the Defendant (hereinafter “instant sale”) with respect to the share of 1/2 of each of the instant real estate under Article 5366 of the receipt of machinery, such as official support by the Daejeon District Court.

C. On March 31, 2016, when a credit guarantee accident occurred, such as the closure of the instant business, etc., the Korea Credit Guarantee Fund, as a guarantor, subrogated KRW 66,870,571 to the Industrial Bank of Korea on May 17, 2016, and filed a lawsuit against the Plaintiff seeking the payment of indemnity due to subrogation, revocation of fraudulent act and restitution against the Defendant.

On May 2, 2016, the Plaintiff filed an application for individual rehabilitation with Suwon District Court 2016Da46827, and was decided to commence individual rehabilitation procedures by the Suwon District Court on July 26, 2016, when the instant lawsuit was pending.

E. In the instant litigation proceeding, this Court held against the Credit Guarantee Fund and the Plaintiff on November 1, 2016.

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