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(영문) 서울북부지방법원 2016.04.22 2015가단136965
근저당권말소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On April 24, 2009, the Defendant entered into a credit guarantee agreement between the Korea Technology Credit Guarantee Fund and the Korea Technology Credit Guarantee Fund, whereby the Defendant obtained a loan from the Industrial Bank of Korea as of March 25, 2019, with the term of guarantee KRW 3 billion and the term of guarantee as of March 25, 2019. The Plaintiff jointly and severally guaranteed the Defendant’s obligation to the Korea Technology Credit Guarantee Fund

B. On May 19, 201, the Korea Technology Credit Guarantee Fund received a provisional attachment order of KRW 2011Kadan1505, the claim amount of KRW 1.2 billion against the Plaintiff, and completed the registration of provisional attachment of the instant real estate on the same day (hereinafter “instant provisional attachment”). On March 19, 2012, the Plaintiff and the Defendant, etc. filed a claim for the advance reimbursement against the Plaintiff, Defendant, etc. on March 19, 2012, and subsequently, on September 20, 2012, the Seoul Central District Court rendered a favorable judgment in favor of the Plaintiff, etc. to jointly and severally pay interest for KRW 1,207,15,880 to the Korea Technology Credit Guarantee Fund and interest for delay of KRW 1.2 billion (Seoul Central District Court Decision 2012Da5031546, the indemnity amount). On November 3, 2012.

C. On the other hand, the Plaintiff filed a lawsuit against the Korea Technology Credit Guarantee Fund to seek advance reimbursement, and filed an application for provisional seizure of the claim against the Defendant as the claim amount, and received a provisional seizure order with the Defendant as KRW 200 million from the Suwon District Court on May 23, 2012, at the Suwon District Court, the Defendant was issued a provisional seizure order with the Defendant as the debtor, Samsungland Co., Ltd. as the third debtor and the provisional seizure claim amount as KRW

On November 27, 2012, after the judgment in favor of the Korea Technology Finance Corporation became final and conclusive, the Defendant attempted to cancel the provisional seizure as stated in the preceding paragraph with the Plaintiff, and as a result, a written agreement including the following was made.

o Article 2 The plaintiff and the defendant shall withdraw all the pending lawsuits.

o Article 3 The defendant shall be the plaintiff.

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