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1. The Defendant shall provide the Plaintiff with the Suwon District Court D and E (Dual) regarding the real estate stated in the attached list.
Reasons
1. On May 18, 2016, after the filing of a lawsuit on the part of the claim against A of the Joint Plaintiffs Sports Credit Guarantee Fund prior to the separation of pleadings in the instant lawsuit subject to the judgment, the said Plaintiff reported the claim for the said amount as a bankruptcy claim in the bankruptcy procedure, and the trial proceeding in the bankruptcy procedure is not yet in progress. Accordingly, the argument shall be separated and excluded from the subject of the judgment.
This should be dealt with according to the result of the acceptance or rejection of the claims by the bankruptcy trustee in the subsequent bankruptcy procedure.
Therefore, the subject of this judgment is limited to the action of denial that the debtor A filed against the defendant(s) by the trustee in bankruptcy, who is the lawsuit of the plaintiff Gyeonggi Credit Guarantee Foundation B.
2. Facts of recognition;
A. On March 20, 2012, the Plaintiff’s Intervenor (the Gyeonggi Credit Guarantee Foundation; hereinafter the Gyeonggi Credit Guarantee Foundation) entered into a credit guarantee agreement with F Co., Ltd. (Co-Defendant F prior to withdrawal of the lawsuit; hereinafter the same) and issued a credit guarantee agreement (the principal of the guarantee is KRW 170 million), and F received loans from the Industrial Bank of Korea as collateral on the same day.
G (Co-Defendants before withdrawal) and A, at the time of the above credit guarantee agreement, jointly and severally guaranteed all obligations owed by F to the Gyeonggi Credit Guarantee Foundation.
B. On March 3, 2015, F lost the interest of loans to the Industrial Bank of Korea on the grounds that the interest of the loans was not paid. On July 10, 2015, the Gyeonggi Credit Guarantee Foundation paid KRW 171,95,492 to the Industrial Bank of Korea on behalf of F pursuant to the credit guarantee agreement.
C. Meanwhile, G, the husband of G, was operating F, and around January 2014, the Defendant determined KRW 319 million as the due date for payment three months in order to raise the operating fund.