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(영문) 광주지방법원 2020.10.29 2019가단10991
배당이의
Text

The plaintiff's primary and conjunctive claims against the defendants are all dismissed.

Litigation Costs are assessed against the Plaintiff.

Reasons

1. Basic facts

A. On February 2, 2010 and November 5, 2013, the Plaintiff entered into a credit guarantee agreement with E as to the obligation to repay the loan, and upon E being in arrears with the principal and interest of the above loan, the Plaintiff subrogated for KRW 20,301,946 on May 30, 2018 to H Union. 2) The Plaintiff received a provisional attachment order of KRW 19,870,70 as of February 2, 2010 and November 5, 2013 as the claim amount of KRW 19,870,70 as of the respective advance reimbursement amount of KRW 19,870,00 as of the E’s real estate owned by the Gwangju District Court as the Jeju District Court 2018Kadan68, Apr. 12, 2018.

3) On October 31, 2018, the Plaintiff filed an order for payment with the Gwangju District Court Naju District Court 2018 tea 835 and filed an order for payment with the Plaintiff to claim reimbursement of the amount of KRW 21,214,416 and KRW 20,267,84 from October 23, 2018 to the date of delivery of the original copy of the instant payment order, and KRW 12% per annum from the next day to the date of full payment, and KRW 15% per annum from the date of delivery of the original copy of the instant payment order. The said payment order was delivered to E on February 8, 2019, and became final and conclusive on February 22, 2019, Defendant B received an application for provisional attachment from the Gwangju District Court 2018.281 as to real estate owned by the Plaintiff.

2 Defendant B filed a lawsuit against F, E, and G with the Gwangju District Court 2018Gahap1782. On February 14, 2019, the said court rendered that “Defendant B lent KRW 557,00,000 in total to F, E, and G from January 5, 2018, and Defendant B, F, E, and G jointly and severally agreed on January 22, 2018, “F, E, and G shall pay KRW 557,00,000 to Defendant B by January 31, 2018” and jointly and severally agreed on “F, E, and G shall pay KRW 557,00,000 to Defendant B by January 31, 2018.”

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