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(영문) 서울남부지방법원 2017.02.07 2016가단224965
배당이의 등
Text

1. On June 26, 2015, the real estate stated in the separate sheet between the Defendant and the Rotterdam Co., Ltd. was concluded.

Reasons

1. Facts of recognition;

A. (1) The Plaintiff entered into a credit guarantee agreement with the non-party company and issued a credit guarantee certificate as follows. (1) The Plaintiff entered into a credit guarantee agreement with the non-party company.

The principal (term of guarantee) guaranteed on the date of the agreement (as of December 31, 2008, the creditor’s debt amount of KRW 380 million (as of December 30, 2009; KRW 340 million thereafter; and as of December 25, 2015) (hereinafter “the first credit guarantee agreement”) Industrial Bank of Korea loan of KRW 400 million (hereinafter “the first credit guarantee agreement”) of small and medium enterprise loans at the Industrial Bank of Korea (hereinafter “the first loan”) KRW 400 million (hereinafter “the first loan”) (as of March 6, 2014; KRW 297.5 million (as of March 6, 2015; thereafter, March 4, 2016) was paid to the Plaintiff at the rate of KRW 350,000,000,000,000,0000,000,0000,000,000).

(3) On June 27, 2015 and July 7, 2015, the non-party company caused each credit guarantee accident. Accordingly, on October 6, 2015, the Plaintiff subrogated the Bank of Korea for KRW 345,698,94 with the principal and interest of the first loan, and KRW 302,273,725 with the principal and interest of the second loan, in accordance with the instant secondary credit guarantee agreement, on October 16, 2015, pursuant to the instant secondary credit guarantee agreement. The interest rate determined by the Plaintiff is 12% per annum from December 1, 2012 to January 31, 2016, and 10% per annum from February 1, 2016.

B. Conclusion of mortgage contract between the non-party company and the defendant and the non-party.

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