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(영문) 서울고등법원 2015.06.19 2014나2027508

제3자이의

Text

1. Revocation of a judgment of the first instance;

2. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

3. Defendant (Counterclaim Plaintiff).

Reasons

1. Basic facts

A. On February 8, 2012, the Plaintiff entered into a monetary loan agreement for transfer security (hereinafter “instant transfer security agreement”) with a purport to secure the Plaintiff’s loan claims of KRW 240,000,000 with A, each of the movable property listed in the separate sheet (hereinafter “in the following”) owned by A, by means of the Plaintiff’s possession and amendment.

B. Meanwhile, the Defendant concluded a credit guarantee agreement with A on September 27, 2001 through September 26, 2002, with the credit guarantee principal of KRW 240,000,00 (the credit guarantee term has been extended in sequential order from September 14, 2012) and changed the credit guarantee principal to KRW 192,00,000) with the credit guarantee principal as well as the credit guarantee principal of KRW 192,00,00 (the credit guarantee term has been changed to KRW 192,00,000), the other party to the credit guarantee, Korea Bank (hereinafter “Korea Bank”), the other party to the credit guarantee (hereinafter “Korea Bank”), the credit guarantee principal of KRW 80,00,000 (the credit guarantee term has been extended to KRW 720,00,000,000) with the credit guarantee principal of KRW 00,000,000 (the other party to the credit guarantee agreement).

C. On December 28, 2011, the Korean C&C branch notified the Defendant of the occurrence of a credit guarantee accident on January 27, 201, when A delayed payment of the principal of the trade bill loan, and on February 6, 2012, C&C branch notified the Defendant of the occurrence of a credit guarantee accident on February 24, 2012.

The defendant A.