logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2011.10.07 2011나7397
구상금
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the instant principal lawsuit and counterclaim are dismissed.

2. The appeal costs.

Reasons

1. The reasoning for the court's explanation of this case is as follows: (a) additional evidence submitted in the trial and presented by the court of first instance that the defendant fully repaid the defendant's loan obligation to the National Bank; and (b) evidence Nos. 3, 4, and 5-1, and 5-2 of evidence Nos. 3, 4, and 5-1, and 5-2 of the plaintiff's provisional seizure of the defendant's real estate based on false claims; and (c) each inquiry result on the chief of the party's first instance C-1, and the shipping substitute of the National Bank; and (d) the defendant's assertion in the trial is identical to the ground for the judgment of the first instance except for adding the

2. The defendant asserts that the plaintiff cannot be a creditor of indemnity, since there was no fact that the plaintiff was established after the loan agreement of this case and the defendant concluded a credit guarantee agreement with the defendant.

In full view of the purport of each statement of evidence Nos. 1-1 through 3 of the evidence No. 1-3, the defendant is granted a loan from a national bank as a security deposit and entered into a housing finance credit guarantee agreement with the Korea Credit Guarantee Fund under the Act on the Assistance to Residential Stability and Lump Sum-Raising Savings of Workers (hereinafter “Abolition Act”), and the national bank is found to have been entrusted with the business by the Korea Credit Guarantee Fund and issued a housing finance credit guarantee certificate to the defendant. Article 6 (2) of the Addenda of the Korea Housing Finance Corporation (No. 7030, Dec. 31, 2003) of the Korea Housing Finance Corporation Act provides that the contribution of the Housing Finance Credit Guarantee Fund, credit guarantee and other legal acts conducted under the Act repealed at the time this Act enters into force shall be deemed to have been conducted under this Act. Article 7 of the Act provides that the name of the plaintiff shall be deemed to have been indicated in the register and other public records of the Korea Housing Finance Credit Guarantee Fund.

arrow