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(영문) 부산지방법원동부지원 2016.10.27 2016가단201465
배당이의
Text

1. On March 2, 2015, the Defendant and Nonparty B concluded each of the real estate listed in the separate sheet.

Reasons

1. Determination as to the cause of claim

A. Facts of recognition 1) The Plaintiff Industrial Bank of Korea (hereinafter “D”) is the Plaintiff Company D (hereinafter “D”) over twice on March 27, 2013 and June 11, 2014.

A) A total of KRW 390,000,000 has been extended to the Plaintiff’s Bank on the same day, and Nonparty B jointly and severally guaranteed a total of KRW 468,00,000 with respect to the loan obligations to the Plaintiff’s Bank of Korea on the same day. D and B delayed repayment of the above loan obligations and lost the benefit of November 16, 2015. The above loan obligations amounted to KRW 411,863,048 as of February 2, 2016. 2) E Co., Ltd (hereinafter “E”) (hereinafter referred to as “E”) obtained a loan from the Plaintiff bank on more than three occasions on February 13, 2009, April 23, 2009, and on May 14, 2014, the Plaintiff Credit Guarantee Fund issued a credit guarantee certificate to the Plaintiff, and the Korea Credit Guarantee Fund issued a joint and several surety obligation to the Plaintiff.

In addition, as D receives a loan from a corporate bank on March 25, 2013, the Plaintiff Credit Guarantee Fund issued a credit guarantee certificate, and B guaranteed the credit guarantee obligations against the Plaintiff Credit Guarantee Fund.

E and D, on July 10, 2015, upon the occurrence of a credit guarantee accident, the Plaintiff subrogated for the loan to a corporate bank on October 30, 2015. Accordingly, the Plaintiff’s claim for indemnity against B is KRW 1,312,519,404 as of October 30, 2015.

(E) On March 24, 2015, the corporate purchase financing loan of the Plaintiff Company was excluded from the secured bonds. 3) On April 18, 2011, the Plaintiff Company: (a) loaned KRW 100,000,000 to E on April 17, 2012; (b) the Plaintiff Company jointly guaranteed the Plaintiff Company E’s loan obligations with respect to the Plaintiff Company E on the same day. E did not repay the loan even after the due date; and (c) on February 3, 2016, the said loan obligations as of February 3, 2016 are KRW 67,248,126. 4) as of March 2, 2015, each of the real estate listed in the separate sheet (hereinafter “each of the instant real estate”).

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