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(영문) 수원지방법원 2019.03.21 2017가단526738

배당이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On November 28, 2008, the Plaintiff entered into a credit guarantee agreement with C (hereinafter referred to as “C”) on November 28, 2008, under which C obtained a loan from Non-Party D Co., Ltd. (hereinafter referred to as “D Bank”), with the guaranteed principal of KRW 199,750,000 (the change of the guaranteed principal of KRW 160,000) and the guarantee term of November 27, 2009 (the change to November 18, 2016 thereafter), and entered into a credit guarantee agreement with C on March 14, 2013 with respect to each of the credit guarantee obligations (the change to the guaranteed principal of KRW 450,00,000,000 (the change to the representative director of the D Bank) and each of the credit guarantee obligations of the Plaintiff Co., Ltd (hereinafter referred to as the “C”).

B. C took out a loan of KRW 160 million, KRW 427,500,00,00 from the D Bank as collateral with a credit guarantee letter issued by the Plaintiff (E jointly and severally guaranteed each of the above loan obligations) and did not pay interest from August 2, 2016 (final interest income date on June 30, 2016) (the final interest income date on June 30, 2016).

Accordingly, on November 25, 2016, the Plaintiff subrogated to the D Bank totaling KRW 599,130,925,000,000,000 for the execution, preservation, exercise, and legal procedures that C shall pay to the Plaintiff according to each of the credit guarantee agreements of this case. The amount of penalty is KRW 1,081,50,000 and KRW 164,170.

As a result, C and E's amount of indemnity to be jointly paid to the Plaintiff under each credit guarantee contract of this case shall be 600,376,59 won and 599,130,925 won of subrogated principal, 10% per annum from November 25, 2016 to January 17, 2017, and 15% per annum from the next day to the date of full payment.

C. F, the Defendant and his spouse, jointly, manufactures and manufactures clothes with the trade name “I” in the G market and H market since 1982.