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(영문) 의정부지방법원고양지원 2016.10.13 2015가단34645
보증채무금
Text

1. The Defendant shall pay to the Plaintiff KRW 68,650,927 and the interest rate of KRW 20% per annum from April 24, 2014 to the day of complete payment.

Reasons

1. The plaintiff was sentenced to the judgment of November 25, 2009 that "C Union shall pay to the plaintiff 86,325,474 won and interest thereon at the rate of 5% per annum from January 1, 2009 to November 25, 2009, and 20% per annum from the next day to the day of full payment," from the Seoul Central District Court 2008 Gohap128421 (main lawsuit), 209 Gohap3263 (Counterclaim) to C Housing Redevelopment Association (hereinafter "C Union"). The plaintiff was sentenced to the judgment of November 25, 2009 that "C Union shall pay to the plaintiff 86,325,474 won and interest thereon at the rate of 20% per annum from the next day to the day of full payment."

On March 2011, the Plaintiff filed an application for compulsory execution on the real estate owned by C Association according to each of the above rulings, and issued a compulsory adjustment decision to the effect that “C Union consents to the withdrawal of the Plaintiff’s deposit (150 million won) from January 30, 2012, from the lawsuit of demurrer (Seoul Central District Court 201 Gohap 139018) to the above enforcement procedure. The Plaintiff withdraws the application for compulsory auction based on the judgment against C Association.”

On January 31, 2012, the following day after the issuance of the above compulsory adjustment (hereinafter “instant agreement”), the Plaintiff and C Union made an agreement with the following contents (hereinafter “instant agreement”), and D at the time the head of C Union was the head of C Union, and the Defendant, who was a director, guaranteed the Defendant’s debt against the Plaintiff of C Union under the instant agreement.

The Agreement of Partial Deferment of Performance of Obligations

1. A (the plaintiff in this case. hereinafter the same shall apply) withdraws 150 million won deposited by B (the plaintiff in this case. hereinafter the same shall apply) in a court and deposit at A and B's branch in a new bank in Seoul Central District Court with a common account or designated account in order to suspend the proceeding of compulsory auction by official auction by B (the plaintiff in this case. hereinafter the same shall apply)

2. The total amount of claims and obligations shall be KRW 109,975,474, and ② Interest 49,852,552, and 52, which is calculated by the final and conclusive judgment with respect to the said claims and obligations, until January 30, 2012, ③ Provisional attachment and related auction expenses, ③ Provisional attachment and related auction expenses, and KRW 27,724,167, etc.

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