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(영문) 광주지방법원 2016.11.11 2016가합51264
채권양도통지청구의 소
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a company aimed at manufacturing and selling ready-mixeds, and the Defendant is a corporation established pursuant to the Credit Guarantee Fund Act with the aim of contributing to the balanced development of the national economy by facilitating the financing of enterprises by guaranteeing obligations of enterprises which lack security capacity and establishing sound credit order through efficient management and operation of credit information.

B. On September 2, 2005, the Defendant completed the registration of creation of a neighboring mortgage (hereinafter “mortgage”) of the maximum debt amounting to KRW 744,000,000 on the same day by the Magsung District Court No. 6931 on the same day, against the Magsung-gun, the Magdong-ri 117-6,097 square meters of land for factory and the machinery, equipment, etc. under the Mining Foundation Mortgage Act, which was owned by the Magsung-gun Co., Ltd., Ltd. (hereinafter “Korea Leg-gun”).

C. On December 31, 2007, the Defendant issued a credit guarantee certificate to guarantee the obligation of the Korea General Construction Industry (hereinafter “Korea General Construction Industry”) to Korea General Construction Industry, and Korea General Construction Industry jointly and severally guaranteed the obligation of the Defendant.

On June 17, 2008, the defendant paid 601,957,776 won on behalf of the National Federation of Fisheries Cooperatives, which is a creditor of the Korea Comprehensive Construction Industry, and caused the claim for indemnity against the Korea Comprehensive Construction Industry and the Korea Comprehensive Construction Industry.

As of May 27, 2015, joint and several sureties's debt owed to the defendant is KRW 763,125,137.

On April 29, 2014, the Defendant entered into a contract with the Plaintiff to transfer KRW 744,00,000 (hereinafter “instant claim”) and the instant collateral security to the Plaintiff at KRW 252,960,000 (hereinafter “instant claim”).

The plaintiff paid KRW 252,960,000 to the defendant on the same day, and the defendant paid the plaintiff a final claim transfer.

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