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(영문) 광주지방법원 2017.05.25 2016나57709
배당이의
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. On August 6, 2009, the Plaintiff and the Defendant’s guarantee contract 1) The Plaintiff is the Samksan Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”)

(2) Upon the request of a guarantee, the Defendant entered into a guarantee agreement with the Defendant by issuing a guarantee agreement with the Defendant, “The amount of guarantee: 21,50,000 won, the amount of loan: Non-Party Company, the amount of loan: 235,00,000 won, and the rate of guarantee: 90%.” 2) The letter of guarantee issued by the Plaintiff to the Defendant is accompanied by a special guarantee agreement with the following contents:

Cover Agreements

2. At the time of acquisition of the said additional collateral by the Factory Mortgage Act and at least 40% of the guaranteed amount, notwithstanding whether the said facility (see the following) has been conducted immediately after the appraisal thereof:

- - Stachi equipment (excluding vertical cutting, and 4) automatic packaging equipment, rice millet manufacturing equipment

B. On September 28, 2009, the Defendant lent KRW 234,000,000 to the non-party company (hereinafter “the instant loan”) (hereinafter “the instant loan”).

(2) On the following day, the said right to collateral security was established on several lots of factories, machinery, etc. located on the said land, including the said land, with a maximum debt amount of 280,800,000 (hereinafter “the instant right to collateral security”) and the object of the instant right to collateral security was combined with the object of the instant right to collateral security (hereinafter “the instant real estate”).

2) Of the terms and conditions of loan applicable to the instant loan (hereinafter “instant loan agreement”) and the instant mortgage agreement, the part relating to the instant loan agreement is as follows.

Article 3 (Incidental Obligations) (1) of the Terms and Conditions of Loans (Supplementary Obligations) (1) If the defendant has requested cooperation from the defendant to preserve his/her rights, such as expenses incurred in the preservation, exercise, preservation, collection or disposal of claims against the debtor, and expenses incurred by the defendant shall be borne by the debtor.

(2) If the defendant has paid the expenses under paragraph (1) on behalf of the defendant, the debtor shall pay it immediately and delay in repayment.

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