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(영문) 부산지방법원 2014.06.17 2013가단86904
구상금
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, as the representative director of E Co., Ltd., operated F and E together.

The defendant is F's female life.

B. Meanwhile, since May 198, F borrowed money under the pretext of business funds, etc. from technology credit guarantee funds.

(hereinafter “instant debt”). At the time, the Defendant jointly and severally guaranteed the F’s debt to the Korea Technology Credit Guarantee Fund.

C.On the basis of the instant debt, the Korea Technology Credit Guarantee Fund has completed provisional attachment registration against the Defendant on June 18, 2007 with respect to apartments owned by the Defendant, subject to the decision of provisional attachment (Jawon District Court Jinwon Branch Branch Branch Branch of 2007Kadan2104).

C. In order to prevent the enforcement of the deadline under paragraph (1), the Plaintiff’s account was transferred from July 10, 200 to the Korea Technology Finance Corporation’s side on July 10, 2009, and the instant obligation was partially repaid.

As of June 22, 2010, above C.

Subject to revocation of provisional seizure mentioned in paragraph (1), KRW 20,120,000 from the account of the corporation E to the account of the Korea Technology Credit Guarantee Fund in the name of the defendant, and part of the debt was repaid.

[Ground of recognition] Evidence Nos. 1, 2, 3-1, and 6-1, and the purport of the whole pleadings

2. Determination

A. The Defendant jointly and severally guaranteed the FF’s loan from the Korea Technology Credit Guarantee Fund. As the Korea Technology Credit Guarantee Fund provisionally attached the Defendant’s apartment complex, the Defendant requested the Plaintiff to cancel the provisional attachment and the Plaintiff repaid the money to the Korea Technology Credit Guarantee Fund on behalf of the Defendant, the Defendant is liable to pay the Plaintiff the amount equivalent

B. It is insufficient to recognize that reimbursement of KRW 20,120,000 was made due to the Plaintiff’s appearance solely on the basis of the health team, the first fact, and other evidence presented by the Plaintiff with respect to the judgment of KRW 20,120,000.

In addition, with respect to the portion of KRW 3.5 million, the payment of this case is related to the suspension of execution and the termination of provisional seizure on the real estate owned by the defendant.

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