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1. The defendant has against the plaintiff in the procedure of the auction of real estate status D by Cheongju District Court.
Reasons
1. Basic facts
A. E Co., Ltd. (hereinafter “E”) entered into a guarantee insurance contract with the Korea Credit Guarantee Fund and obtained a loan of KRW 170,000,000 from the Industrial Bank of Korea as security on April 12, 2012, and A, a representative director of E, guaranteed the reimbursement obligation to the Korea Credit Guarantee Fund.
B. Meanwhile, as the management situation of Samsung becomes difficult, the F, the representative director of the E, tried to order the construction from Samsung C&T. In order to order the construction work, the F, who was issued a performance bond insurance policy, etc. from the Special Construction Financial Cooperative and did not have any tax unpaid for this purpose.
Therefore, A requested the defendant to borrow money from the defendant E, and the defendant demanded the defendant to provide a security.
C. On August 12, 2014, Cheongju-gu G Apartment 302, 604 (hereinafter “instant apartment”) concluded a mortgage agreement with the Defendant regarding the instant apartment (hereinafter “instant apartment”). On August 12, 2014, Cheongju District Court received the maximum debt amount of KRW 100,000,000 as the receipt of the same day, and the Defendant lent KRW 60,000,000 to E on August 19, 2014, and E used it for the purpose of repaying unpaid taxes, etc.
E on October 16, 2014, the interest related to the loans owed to the Industrial Bank of Korea was in arrears, thereby losing the benefit of the due date, and the Credit Guarantee Fund has the prior right to claim reimbursement of KRW 170,000,000, the guaranteed amount to E and its joint guarantor according to the credit guarantee agreement.
(e) The Korea Credit Guarantee Fund has the right to claim the payment of the advance reimbursement against E and A by Cheongju District Court 2014Da16285, and to revoke the fraudulent act in relation to the registration of creation of a mortgage in the name of the Defendant, while filing a lawsuit against the Defendant seeking the revocation of the instant collective security agreement and reinstatement.