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(영문) 수원지방법원성남지원 2015.07.23 2014가합209582
배당이의
Text

1. On December 26, 2014, with respect to the application case for the voluntary auction of real estate C in the Suwon District Court, the same court is identical to the case.

Reasons

1. Basic facts

A. On August 30, 2011, the Plaintiff entered into a credit guarantee agreement between the Plaintiff and D, and the Plaintiff Company D (hereinafter “D”).

B) As to the obligation to pay the principal and interest of a loan to be borne by D to the National Bank, the term of credit guarantee principal was successively changed from August 29, 2012 to August 29, 2013; and the term of credit guarantee was changed to August 29, 2014. The credit guarantee agreement up to the end (hereinafter “the instant credit guarantee agreement”).

(2) On September 2, 201, D concluded a credit guarantee agreement under the first credit guarantee agreement of this case with a national bank as collateral, and D agreed to pay interest of KRW 160,000,000,000, in the event that D does not pay interest, etc. or the cause of default occurs, etc., D shall lose the benefit of all obligations. (2) When the Plaintiff performed the guaranteed obligation under the first credit guarantee agreement of this case, D shall set the rate of delay damages as determined by the Plaintiff from the date of payment on behalf of the Plaintiff and the date of payment on behalf of the Plaintiff to the date of payment on behalf of the Plaintiff.

and the legal procedure costs necessary for the enforcement or preservation of the claim for indemnity were determined to be paid individually.

3) At the time of entering into the instant credit guarantee agreement, Nonparty E, which had been the representative director of D, was registered as D’s representative director from October 30, 2006 to April 11, 2014. The Plaintiff guaranteed all obligations that D will incur to the Plaintiff. (b) On December 23, 2011, between the Plaintiff and E, the Plaintiff continued to change the credit guarantee principal amount to KRW 76,50,000, and the period of guarantee to December 21, 2012, with respect to the obligation to return the principal and interest of the loan that E would incur to our bank.

The credit guarantee agreement to the end (hereinafter “the credit guarantee agreement of this case”) was concluded, and E was from the Bank of Korea on December 23, 201.

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