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(영문) 서울남부지방법원 2017.06.16 2015가합106791
배당이의
Text

1. The contract to establish a right to collateral security concluded on May 20, 2014 between the Defendant and A regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. 1) The Plaintiff is a corporation established by the Small and Medium Business Corporation for the promotion of small and medium enterprises, and the Plaintiff Korea Technology Credit Guarantee Fund is a corporation established pursuant to the Korea Technology Credit Guarantee Fund Act to guarantee the obligations of the companies and facilitate its financing. 2) The Defendant is a company that engages in the business of selling creative iron and its construction business.

B. The Plaintiff Small and Medium Business Corporation (hereinafter “C”) set the interest rate of KRW 4.49% per annum on July 11, 201, and interest rate of KRW 50,000,000 per annum on 12% per annum on July 11, 201, and respectively lent KRW 4.17% per annum on April 17, 201, and KRW 12% per annum on the interest rate of KRW 50,000,000 per annum on 17, 2012 (hereinafter “the obligation related to item”) (hereinafter “loan obligation”), ② obligation related to item (b) obligation is to be repaid in equal installments on the repayment date in accordance with the schedule of repayment of principal and interest.

B) At the time A, the representative director of C, up to KRW 160,00,00 for the loan obligation, ② each of the above obligations was jointly and severally guaranteed up to KRW 600,000 for the loan obligation, and KRW 600,000 for the loan obligation.C) Of the basic terms and conditions of the loan obligation applicable to all the obligor of the Plaintiff Small and Medium Business Corporation

The Framework Terms and Conditions of Loans (hereinafter referred to as the "Terms and Conditions") shall apply to all transactions concerning loans between the Jinjin and Small and Medium Enterprises, which shall be kept in the main office and branch offices and shall be subject to inspection by the Small and Medium Business Corporation and the Small and Medium Business Corporation at any time to request the Small and Medium Business Corporation to permit the prompt and accurate settlement of the interests of the parties at the same time on the basis of mutual trust with the Small and Medium Business Corporation (hereinafter referred to as the "JI"), and which shall be applied to all transactions concerning loans between the Jinjin and the Small and Medium Enterprise.

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