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(영문) 대구지방법원 2017.01.12 2016가합201962

배당이의

Text

1. It was concluded on May 27, 2015 with respect to each real estate listed in the separate sheet between C Co. and Defendant A.

Reasons

1. Basic facts

A. On April 8, 2016, the first arrangement, 127,396,070 (former 170,000,000) for the joint and several surety (former 170,000,000) of the guaranteed principal of the credit guarantee agreement, etc., and the second arrangement (former 200,00,000,000, 23 March 23, 2016) by Defendant A (former 20,000,000, 200,000) and the third arrangement (former 23, 2010, 170,000,000,000, 170,0000,000, 000, 18, 2015 (former 19, Dec. 18, 2015) (hereinafter “the Plaintiff”).

B) As indicated below, each credit guarantee agreement was concluded with the content as indicated below, and when the Plaintiff performed the guaranteed obligation on behalf of the non-party company at the time of the conclusion of each credit guarantee agreement, the non-party company decided to reimburse the Plaintiff the amount of subrogation and the amount of damages for delay calculated at the rate determined by the Plaintiff (10% per annum), guarantee fees, expenses, etc. (hereinafter referred to as “the first agreement” or “the third agreement” in accordance with the sequences set forth in each of the above credit guarantee agreements, and collectively referred to as “each

2) The representative director E of the non-party company jointly and severally guaranteed the obligation of indemnity under each credit guarantee agreement of this case against the plaintiff of the non-party company, and the defendant A, the same student of the non-party company, jointly and severally guaranteed the obligation of indemnity indemnity under the first agreement against the plaintiff of the non-party company. 2) The non-party company received each of the following amounts from the financial institutions under each credit guarantee agreement of this case:

Industrial Bank of Korea of 200,000,000 on March 23, 2009, the Bank of Korea of the second Agreement of 200,000,000 on April 22, 2008, Daegu Bank of Korea, the first loan date of a financial institution (which was the first loan date) of the first loan date (which was the Industrial Bank of Korea of 200,000,000 on December 19, 2013.

B. On August 25, 2015, the occurrence of a credit guarantee accident and the payment of interest on the Plaintiff’s subrogation against Daegu Bank was delayed, and the credit guarantee accident against Daegu Bank occurred. Moreover, the credit guarantee accident against the Industrial Bank of Korea on September 10, 2015 due to delinquency in payment of interest on the above loan obligation against the Industrial Bank of Korea.