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(영문) 대구지방법원상주지원 2016.04.06 2015가단1474
청구이의
Text

1. The defendant's judgment against the plaintiff was based on the original copy of the Daegu District Court's resident support case 2006 Ghana4260.

Reasons

1. Basic facts

A. On January 6, 2002, the Plaintiff entered into a credit guarantee agreement with the Defendant with a credit guarantee agreement of KRW 18,600,000.

B. The Plaintiff entered into a loan agreement with a financial institution on January 16, 2007, with a limit of 18,600,000 won, a loan agreement with a financial institution on January 16, 2007, and 6.5% per annum on the expiration date of the loan period, and received a loan around that time. (2) However, the Plaintiff caused a guarantee accident where the Plaintiff failed to pay the principal and interest of the loan properly.

C. The Defendant, as a credit guarantee agent for the Plaintiff, subrogated for about 14 million won to the Daegu District Court on July 12, 2006, the Defendant filed a lawsuit claiming indemnity against the Plaintiff under the Daegu District Court Residential Support 2006 Ghana4260 on July 12, 2006. On September 28, 2006, the said court had served service on the Plaintiff by public notice, and on September 28, 2006, “the Plaintiff shall pay to the Defendant 14,539,073 won and its amount at the rate of 15% per annum from May 24, 2005 to the date of full payment” (hereinafter “instant judgment”). The above judgment ordered payment, which became final and conclusive at that time.

(1) On May 13, 2013, the Defendant applied for a compulsory auction against the Plaintiff’s real estate owned by the Plaintiff (hereinafter “first auction”) on May 13, 2013 with the claim of this case against the Plaintiff as the preserved bond.

(2) On September 25, 2013, the registration of the decision on commencing auction was completed. However, on September 25, 2013, the Defendant withdrawn the first request for auction, and accordingly, the registration of the first decision on commencing auction was cancelled on September 27, 2013. (2) After the Defendant’s resident support again at the Daegu District Court on April 15, 2015.

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