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Reasons
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(영문) 대구지방법원안동지원 2017.07.13 2016가합3710
청구이의
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1. The plaintiff's claim is dismissed.

2. As to the case of application for the suspension of compulsory execution by this Court, this Court shall have regard to the case of application for the suspension of compulsory execution by 2016 Chicago1013.

Reasons

1. Basic facts

A. On April 25, 2008, the Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) loaned KRW 590,000,000 to a stock company B (hereinafter “B”) (hereinafter “instant loan”), and on the same day C, D, and the Plaintiff jointly and severally guaranteed the above loan obligations to the Savings Bank.

B. On July 4, 2008, the Savings Bank loaned KRW 800,000,000 to B, and on the same day C and D guaranteed the above loans to the Savings Bank.

B entered into a contract for the transfer of rights and technology with the savings bank on the same day as follows:

B In borrowing a loan to a savings bank,

1. License Agreements entered into between E and B on September 13, 2007

2. The Additional License Agreement dated November 2, 2007

3. On September 13, 2007, I confirm that the contract under paragraph 3 above was transferred to a savings bank or to a third party designated by the savings bank and actively cooperate therein upon occurrence of any of the following causes:

1. When he/she loses the benefit of a loan due to the default on at least two occasions on the payment of interest on the loan;

2. When loans are not repaid even after the expiration of their maturity;

3. When B, as its source for financing loans, becomes unable to continue to conduct any business any longer;

C. The Savings Bank issued a payment order (hereinafter “instant payment order”) with the content that “B and the Plaintiff shall jointly and severally pay to the Savings Bank the amount of KRW 647,847,732 as well as KRW 590,000 as interest rate of KRW 25% per annum from September 1, 2009 to the date of full payment” (hereinafter “instant payment order”) on September 24, 2009, when the Savings Bank and the Plaintiff did not repay the instant loan to B and the Plaintiff. The instant payment order was finalized on September 24, 2009 between the Savings Bank and the Plaintiff.

A savings bank shall deposit the plaintiff as the debtor around October 2009.

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