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1. The part of the Plaintiff’s lawsuit against Defendant C regarding the claim for cancellation of trade reservation shall be dismissed.
2. The separate sheet shall be set out.
Reasons
1. Facts of recognition;
A. Between October 31, 2013 and September 8, 2016, the Plaintiff concluded a credit guarantee agreement with the non-party E corporation (hereinafter referred to as “non-party E corporation”) on three occasions with a credit guarantee agreement with each of the following credit guarantee agreements with the F Bank on December 9, 2013: F Bank 25,000,000 won 30,000,0000,000,000 F Bank on June 29, 2015; the Plaintiff concluded a credit guarantee agreement with the F Bank 23,00,000,000 won 30,000,000,000 won on two years and 323,000,000,000 won 380,000,000 won 380,000,0000 won hereinafter referred to as “non-party corporation”) on the credit guarantee agreement with each of the above corporations:
D, which was the representative of the non-party corporation, guaranteed the debt owed to the plaintiff of the non-party corporation according to each credit guarantee agreement of this case.
B. When the Plaintiff performed the guaranteed obligation at the time of each credit guarantee agreement, the non-party corporation agreed to pay to the Plaintiff the amount of the guaranteed obligation and damages for delay based on the above rate of damages for delay, other expenses incurred in performing the guaranteed obligation, and all expenses incurred in preserving and exercising the right acquired through the discharge of the guaranteed obligation.
C. On May 15, 2018, D sold each real estate listed in the separate sheet (hereinafter “each of the instant real estate”) to Defendant B (hereinafter “instant sales contract”); as to each of the real estate listed in the separate sheet Nos. 1 and 2, Gwangju District Court No. 6062, May 16, 2018, and as to each of the real estate listed in the separate sheet Nos. 3 and 4 of the separate sheet as the receipt of No. 6062, the Circuit Branch of the Gwangju District Court’s Netcheon Branch of the Jeju District Court, as to each of the real estate listed in the separate sheet No. 7818, May 16, 2018 (hereinafter “each of the instant real estate”).
At the time, D did not have any property other than each of the instant real estates.