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(영문) 인천지방법원 2018.01.16 2017가단243869
구상금 등
Text

1. The defendant is the plaintiff's attorney-at-law in Incheon District Court C's 8,424,794 won.

Reasons

1. Basic facts

A. The Korea Technology Finance Corporation entered into a credit guarantee agreement with A operating a package company named as “D”, and A obtained a loan from a bank based on the above credit guarantee agreement, and the contents are as follows:

The guaranteed loan amount of KRW 139,100,000 E Small and Medium Enterprise Loan of KRW 139,60,000 from December 6, 2012 to December 6, 2013 (amended by December 2, 2016) a small and medium enterprise bank’s loan of KRW 240,000,000 from December 7, 2012 to August 1, 2006 to August 3, 2007 (amended by December 2, 2016) of the F Enterprise ordinary loan of KRW 240,000,000 from a small and medium enterprise bank.

B. However, A closed down business on December 31, 2015, and the said lending bank notified the Korea Technology Finance Corporation of the occurrence of a credit guarantee accident and requested the Korea Technology Finance Corporation to discharge the guaranteed liability. Accordingly, the Korea Technology Finance Corporation paid KRW 39,509,24 as the principal and interest of the guaranteed loan No. 1 on February 22, 2016, and KRW 40,338,350 as the principal and interest of the guaranteed loan No. 2, respectively.

C. Meanwhile, as the sole real estate, A owned 301 of the Bupyeong-gu Incheon Metropolitan Government Multi-household Housing (hereinafter “instant housing”). On December 24, 2015, immediately before D closedown, A concluded a collateral security agreement with the Defendant, a trader, regarding the instant housing as KRW 40,00,000 (hereinafter “instant collateral security agreement”) and completed the registration of creation of a neighboring mortgage pursuant thereto in the future of the Defendant on the same day.

As of December 24, 2015, the date of the contract to establish a collateral security (the market price or significant change as of March 4, 2015) was 102,50,000 won (the market price or market price as of March 4, 2015). At that time, A, other than the Industrial Bank of Korea, Korea CTR Bank and the Defendant, also acquired the said house price.

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