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(영문) 부산지방법원 동부지원 2017.03.08 2016가단15626
청구이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) obtained a loan from a financial institution under the credit guarantee of the Korea Technology Credit Guarantee Fund, and the Plaintiff and C jointly and severally guaranteed the obligation to be borne by the Korea Technology Credit Guarantee Fund.

B. Due to the credit guarantee accident under B, the Korea Technology Finance Corporation made a payment by subrogation to a creditor bank. On October 12, 2001, it was sentenced to the judgment that "B, the Plaintiff, and C shall jointly and severally pay the 24,446,516 won to the Korea Technology Finance Corporation and 24,273,107 won from May 11, 2001 to September 14, 2001, 18% per annum, and 25% per annum from the next day to the date of full payment." The above judgment was finalized.

C.The Korea Technology Credit Guarantee Fund shall make November 14, 2001 as to the Plaintiff’s shares among the real estate listed in the separate sheet owned by the Plaintiff and D.

The provisional attachment was executed with the claim amount of KRW 26,517,383 of the judgment amount stated in the paragraph.

On the other hand, on July 9, 2001, provisional attachment registration with the above share amount of KRW 50,000,000 has been completed on the creditor credit guarantee fund, claim amount of KRW 50,00,00, around November 201, creditor CHB Ballast For the Primary Asset Securitization Specialized Company (Successor: C&V Asset Management Company), provisional attachment registration with the claimed amount of KRW 82,537,538, and provisional attachment registration with the right holder in Korea on November 21, 2002 has been completed.

On December 24, 2002, the Plaintiff drafted a written agreement with the Korea Technology Credit Guarantee Fund as stated in the separate sheet, and on December 30, 2003, C&V Asset Management Co., Ltd. prepared a written confirmation to the Plaintiff, and on May 23, 2003, the Plaintiff prepared a written request to the Credit Guarantee Fund in the separate sheet.

E. The Plaintiff repaid 3,500,000 won, which is the amount under the above agreement, to the Korea Technology Credit Guarantee Fund, and the Korea Technology Credit Guarantee Fund cancelled the registration of provisional seizure of the Plaintiff’s shares out of the instant real estate.

(f)The Korea Technology Credit Guarantee Fund shall on January 17, 2012;

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