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(영문) 춘천지방법원 2019.11.13 2019가단50249
배당이의
Text

1. On August 17, 2016, Nonparty D (E) and Defendant C pertaining to the total second floor among the real estate listed in the separate sheet concluded between Nonparty D (E) and Defendant C.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with the non-party company G (hereinafter “non-party company”) and issued the credit guarantee form as follows.

① A credit guarantee certificate of May 20, 2010 (H; hereinafter “the first guarantee”): A credit guarantee certificate of KRW 199,750,000 for a non-party I Bank loan of KRW 199,750,00, and a credit guarantee certificate of KRW 720,000 for a loan of KRW 720,000 to May 19, 2015 (J; hereinafter “the second guarantee certificate”): A credit guarantee certificate of KRW 720,000 for a loan of the non-party Bank of Korea of KRW 720,000,00 for a credit guarantee period, between July 19, 201 and July 18, 2018; hereinafter “third guarantee”).

The Bank of Korea's loan of KRW 180,00,000 and credit guarantee period from April 4, 2012 to April 3, 2014.

When Nonparty D, L, and Defendant C entered into a joint and several guarantee agreement with the Plaintiff on the credit guarantee agreement between the Plaintiff and the Plaintiff, with the content of the joint and several guarantee agreement between the Plaintiff and the Plaintiff.

C. On May 20, 2010, Nonparty Company received loans from Nonparty I Bank KRW 235,000,000 from Nonparty I Bank, KRW 840,000,000 from the Industrial Bank of Korea on July 19, 2010, and KRW 200,000,00 from the Industrial Bank of Korea on April 4, 2012.

After that, on June 21, 2013, the non-party company filed an application for rehabilitation proceedings with the Incheon District Court 2013 Ma31, which led to the loss of the benefit of time for each of the above loans. The non-party bank filed a claim against the plaintiff for the performance of the guaranteed obligation based on the above 1 to 3 guarantee.

On August 16, 2013, the Plaintiff repaid 161,914,526 won to the I Bank, thereby discharging the first guaranteed obligation. On August 22, 2013, the Plaintiff repaid 213,213,413 won to the Industrial Bank of Korea and discharged the second guaranteed obligation. On August 22, 2013, the Plaintiff repaid 181,537,446 won to the Industrial Bank of Korea, thereby discharging the third guaranteed obligation.

E. The Plaintiff is the Incheon District Court against Defendant C and Nonparty L.

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