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(영문) 춘천지방법원 영월지원 2018.01.11 2016가합10584
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into three credit guarantee agreements with an agricultural company Hush Investment Co., Ltd. (hereinafter “Mash Investment”), and issued each of the following credit guarantee agreements to the head of Korea's high-class branch offices:

(1) The date of issuance of the first credit guarantee certificate issued pursuant to the first credit guarantee contract: TF 2012.2 billion won principal: 2.2 billion won guarantee period: on June 21, 202: the guarantee method: the individual guarantee loan subject: 100% guarantee rate: 10% guarantee rate:

1. On December 20, 2012, the land at the place of business (the land was combined with the land above 263-3 on December 20, 2012, 263-4, Taesung-dong, Taesung-dong, 263-4, and 263-4 on December 20, 201; hereinafter referred to as the “instant land”) was set up a first priority mortgage of at least 4.56 billion won, and a loan is handled pursuant to the present letter after setting up a first priority mortgage;

2. It is necessary to terminate the full amount of this guarantee by establishing a first-class collateral security (including the instant land) with at least 4.5 billion won, notwithstanding whether the instant land building, which is the pertinent facility, (hereinafter referred to as “instant building,” and adding it to the instant land, immediately after the completion of the appraisal and the assessed collateral value.

(2) Date of issuance of a written guarantee for secondary credit issued pursuant to a contract for a credit guarantee: The guarantee number on June 22, 2012: TIF20120503 principal: the term of guarantee of KRW 11770 million: June 21, 2018: The guarantee method: the guarantee method: the rate of guarantee of a loan for partial repayment of corporate facilities: 90 percent (the estimated amount of loan: 1.3 billion won changed to December 14, 2012):

1. As to the land of this case, 4.5 billion won or more was set up as the first right to collateral security, and thereafter the loan is handled pursuant to the present letter of guarantee;

2. Machines which are the relevant facilities (detailed specifications: freezing and refrigerating facilities (production company: 1.5 tons and manufacturers: B) pursuant to the above paragraph (1).

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