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(영문) 대전지방법원서산지원 2016.04.26 2015가단51526
근저당권말소
Text

1. The defendant on December 2005, each of the real estate stated in the separate sheet to the plaintiff, shall be registered with the Taean District Court of Daejeon.

Reasons

1. Basic facts

A. On March 4, 2015, the Defendant (former name: Ccredit Union) merged D Credit Union (hereinafter “D Newcom”) with each other (hereinafter “D Newcom”).

On December 29, 2005, the Plaintiff retired from office after having served as a pre-consultation.

B. At the time of December 29, 2005, the Plaintiff entered into an underwriting agreement (hereinafter “instant underwriting agreement”) with respect to the non-performing obligations arising out of D Newcom, the president of D Newcom, and D Newcom.

The main contents are as follows:

As of the time of retirement due to the plaintiff's retirement, the current status of debt obligations out of the Credit Union as of the time of retirement is confirmed, and the plaintiff and the Credit Union agree to take over the debt as of the following.

The current status of foreign debt obligations of the Credit Union.

(a) A loan under the name of the Seosan Central Supervisory Board “Seosan Central Supervisory Board” 100 million won;

(b) A loan of KRW 60 million with D New Consultation “E” amounting to KRW 60 million;

(c) Other unpaid non-paid debt amount of KRW 87,107,00 (including non-paid debt amount of KRW 55,867,000 and 31,240,000 operated and managed by the Plaintiff, and there is no details of raising and using the Plaintiff’s funds, and no additional commitment interest rate, interest rate, and amount of passbook shall be included);

1. The plaintiff and the DIC recognize the status and details of the foreign debt obligations above.

2. The plaintiff shall pay KRW 100,000 to the D Newcom on December 30, 2005 with respect to the Foreign Debt Status "C" as set forth above (68,760,000) and less the amount managed by the plaintiff (31,240,000) among them (68,760,000).

In order to accept the request of the plaintiff (new employmentF) and the minimum grace period shall be three years after the date of the preparation of this Agreement when the plaintiff applies for the refund of the above payment, and when the Credit Union is able to refund it within six months from the date of application for the refund.

3. The Plaintiff and the Korea Credit Union shall be subject to the premise that the loans of KRW 160 million under Section A and Section B above shall be recognized and approved by the D Credit Union Council.

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