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(영문) 대구지방법원서부지원 2016.12.20 2015가합1346
소유권말소등기
Text

1.(a)

On the real estate in the separate sheet between Defendant Jin-Name Development Co., Ltd and Nonparty C, 2014.

Reasons

1. Basic facts

A. 1) The Non-Party Technology Credit Guarantee Fund (hereinafter “Non-Party Company”) is a Co., Ltd. (hereinafter “Non-Party Company”) around 2014.

(1) As between the two, the credit guarantee agreement (as the order may be referred to in paragraphs (1) and (2) and the combination shall be referred to as the “instant agreement”.

The Plaintiff, the representative director of the non-party company, was jointly and severally guaranteed the obligation to the non-party company to the Korea Technology Credit Guarantee Fund under the instant agreement. The Plaintiff agreed to compensate the non-party company and the Plaintiff for the amount of damages calculated at the rate determined by the Korea Technology Credit Guarantee Fund from the date of payment to the date of repayment, including the amount of damages paid by subrogation and the expenses incurred in performing the obligation, the amount of damages incurred in the performance of the obligation, etc. (hereinafter referred to as “the amount of compensation under the instant agreement” in addition to all the amount of the amount of damages paid by the Korea Technology Credit Guarantee Fund and the damages incurred in the performance of the obligation (hereinafter referred to as the “amount of compensation under the instant agreement”).

3) Under the instant agreement, the non-party company’s credit transaction agreement on KRW 100,00,000 between the Industrial Bank of Korea and the Industrial Bank of Korea on June 3, 2014, and KRW 950,000,000 on July 8, 2014 (hereinafter “instant credit transaction agreement”) under the credit guarantee of the Korea Technology Credit Guarantee Fund, is collectively “the instant credit transaction agreement” in order.

(4) Following the conclusion of the Bank of Korea’s contract, each of the loans of KRW 100,00,000 as funds for small and medium enterprises on June 3, 2014, and KRW 285,00,000 as funds for small and medium enterprises’ facilities on July 8, 2014) and thereafter, the non-party company incurred a credit guarantee accident in which the non-party company lost its profits due to delayed repayment of the principal and interest under the instant credit transaction agreement on April 20, 2015 (hereinafter “the instant guarantee accident”). Accordingly, the Korea Technology Finance Corporation (hereinafter “the instant guarantee accident”), pursuant to the agreement on June 26, 2015, shall be KRW 90,695,307, pursuant to the agreement on June 1, 2015.

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