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본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
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(영문) 서울중앙지방법원 2016.06.24 2016나10918
양수금
Text

1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's lawsuit against the defendant shall be dismissed.

3...

Reasons

1. Basic facts

A. Co-Defendant C of the first instance trial (hereinafter “C”) obtained a general loan of KRW 30 million from the Industrial Bank of Korea on June 4, 2001.

(hereinafter “the instant loan”). In relation to the instant loan, the Credit Guarantee Fund concluded a credit guarantee agreement with C on the basis of KRW 25,50,000 (85% of the loan amount) as the credit guarantee principal, and ② the Defendant set the guarantee limit to the remainder of the loan for which the credit guarantee agreement has not been concluded, as the guarantee limit was 5,40,000 won.

B. The occurrence of a guarantee accident against C in relation to the instant loan, the Credit Guarantee Fund, on April 16, 2004, repaid the sum of KRW 26,655,479 to the Industrial Bank of Korea.

C. Around the end of 2005, the Defendant filed a petition for bankruptcy and exemption from liability, and an agreement was shared with C on September 7, 2006.

On October 31, 2006, the decision of permission for exemption was rendered on the defendant's above application for immunity (Seoul Central District Court 2005Da17581). The above decision became final and conclusive around that time. In the immunity procedure, the defendant entered nine creditors in the list of creditors, five creditors were financial institutions, and the Credit Guarantee Fund was included in the list of creditors.

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap's 1 through 7 (including virtual number) and the purport of whole pleading

2. The parties' assertion;

A. The Plaintiff’s assertion 1) The Defendant jointly and severally guaranteed the instant loan obligations, and the Plaintiff acquired the instant loan obligations. Therefore, within the guarantee limit, the Defendant is obligated to pay the Plaintiff the total amount of KRW 14,075,06 of the principal and interest of the instant loan obligations as of July 13, 2015 (i.e., the balance of the loan KRW 4,423,177, and KRW 9,651,829) and damages for delay of the agreement thereon (i.e., the Defendant was married between the principal obligor C and the Defendant, and the relationship between C and the Defendant was normally maintained at the time of the Defendant’s occurrence of the Defendant’s obligation, and there is a difference between the Defendant’s obligation and the time of application for bankruptcy exemption and the point

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