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(영문) 춘천지방법원원주지원 2015.03.26 2012가합3513
배당이의
Text

1. Of the distribution schedule prepared on December 17, 2012 with respect to the auction case of B real estate in this Court, the defendant is the defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim against C 1) The Plaintiff, on January 29, 2009, is a joint-service corporation (hereinafter “joint-service machinery”).

B) As between the Bank, the amount of security deposit was changed to KRW 1.425 billion by the Industrial Bank of Korea and KRW 1.425 billion by January 29, 2010 by the term of guarantee (as of June 29, 2012, the term of guarantee thereafter was changed to KRW 1.355 billion by the term of guarantee, respectively.

(2) As of January 29, 2010, the guaranteed amount of KRW 950 million, the guaranteed amount of KRW 950 million, and the guaranteed period of January 29, 2010 was changed to KRW 900 million, respectively.

(3) As of January 29, 2010, the coverage amount was KRW 617.5 million, and the coverage period was changed by January 29, 2010 (as of June 29, 2012, the coverage amount was changed by KRW 585 million, respectively.

2) Each credit guarantee agreement (hereinafter referred to as “each credit guarantee agreement of this case”)

(2) On the same day, the Plaintiff concluded a credit guarantee agreement and issued a credit guarantee agreement to the same chip machine in accordance with each of the instant credit guarantee agreements. However, each of the above credit guarantee agreements was provided by the Industrial Bank of Korea as collateral each amount corresponding to each of the above guaranteed amounts. (2) In the event that the Plaintiff performed the guaranteed obligation, the agreement was made to pay the Plaintiff the amount of the guaranteed obligation and damages for delay in accordance with the interest rate determined by the Plaintiff from the date of repayment of the guaranteed obligation to the date of repayment of the guaranteed obligation, expenses incurred in the performance of the guaranteed obligation, and expenses incurred in the exercise

On the other hand, the rate of damages for delay determined by the Plaintiff is 14% per annum from April 17, 2003 to three months after the repayment of the guaranteed obligation, and 16% per annum from the following day.

3. On April 6, 2012, an accident of credit guarantee caused a credit guarantee to lose the benefit of due date due to the principal and delayed payment. On May 14, 2012, the Plaintiff extended the principal and interest of the 2,854.

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