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(영문) 서울중앙지방법원 2016.12.14 2016가단52607
배당이의
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff, in collusion with E on October 4, 2012, prepared a false lease agreement with the lessor, lessee, and deposit 350,000,000 won for the said apartment in collusion with the Plaintiff, lessee, and the lessee of the said apartment in collusion with the Plaintiff around October 4, 2012 to purchase the D 108 Dong 303,00,000.

(hereinafter referred to as the “instant lease contract”).

1) On October 16, 2012, E applied for a loan from the instant lease agreement, and received a loan of KRW 195,525,000 from the New Capital Capital Co., Ltd. (hereinafter “Seoul”). The said loan was repaid thereafter by the Plaintiff. 2) Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”) concluded a credit guarantee agreement with E on October 16, 2012 on a credit guarantee agreement with the guaranteed principal amounting to KRW 81 million, and E obtained a loan of KRW 90 million from the Korea Housing Finance Corporation as collateral for the credit guarantee agreement issued by the Korea Housing Finance Corporation.

On November 28, 2013, the Korea Housing Finance Corporation received the judgment that "the plaintiff and E shall jointly and severally pay KRW 82,849,240, and its delay damages to the Korea Housing Finance Corporation" on November 18, 2015, by filing a lawsuit with the Seoul Central District Court 2014Da534039, on behalf of the Bank on behalf of the Republic of Korea on November 28, 2013.

(Plaintiff) The plaintiff shall compensate for damages from a fraudulent loan, and E shall compensate for damages from the subrogation.

On July 16, 2013, the Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”) received a provisional attachment order with regard to the claim amounting to KRW 81,326,505 as the prior reimbursement claim amounting to Seoul Central District Court 2013Kadan58010 on July 16, 2013. The Korea Housing Finance Corporation (hereinafter “Korea Housing Finance Corporation”) received a provisional attachment order with regard to the claim amounting to KRW 9,036,277 as the loan amounting to Seoul Central District Court 2013Kadan5809 on July 16, 2013 (the remainder after subtracting the amount subrogated from the Korea Housing Finance Corporation, out of KRW 90,000,000) as the claim amount. On November 18, 2013, the Defendant was issued a provisional attachment order with regard to the claim amounting to the lease deposit amounting to Seoul Central District Court 201,35078.

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