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(영문) 대구지방법원서부지원 2016.08.24 2016가단8927
보증채무금
Text

1. The defendant shall pay 26,000,000 won to the plaintiff.

2. The costs of the lawsuit are assessed against the defendant.

3.Paragraph 1.

Reasons

1. Basic facts

A. On October 23, 200, the Agricultural Cooperatives Federation entered into a loan transaction agreement with B (Opening Name: C) and with general household loan loans for loan subjects, 20,000,000 won for loan period until October 22, 2002, interest rate of 13.25% for loan period, 18% for delay payment, and Nonparty D and E jointly and severally guaranteed the above loan obligations of B.

B. Around October 22, 2002, A filed an application with the National Agricultural Cooperative Federation for replacement of a joint and several surety D among the joint and several suretys. On the same day, the Defendant entered into a contract with the National Agricultural Cooperative Federation to provide a maximum of KRW 26,00,000 for the guarantee limit on the loan obligations under B.

C. B entered into an agreement for the extension of the term of the loan agreement with the National Agricultural Cooperative Federation on a two-year basis between October 22, 2002 and October 20, 2008, and finally extended the term of the loan by October 22, 2010, and Defendant and E continued joint and several sureties for the obligations under each extension agreement.

B On March 25, 2009, the Cheongju District Court 2009da4553 filed an application for individual rehabilitation and entered the list of individual rehabilitation creditors of the NACF in the list of individual rehabilitation creditors. On September 10, 2009, upon receiving a decision to authorize the repayment plan, B was granted immunity on June 25, 2014.

B After repayment according to the above repayment plan and immunity was granted on August 24, 2015, the amount of the above loan that has not been recovered is 34,182,823 won in total ( principal 13,975,130 won and interest 20,207,693 won).

E. Meanwhile, around March 2012, the part of the banking business was divided from the Agricultural Cooperatives Federation and the Plaintiff was established, and the Plaintiff comprehensively succeeded to the above loan claim.

【In the absence of any dispute over the grounds for recognition, the Defendant indicated in each of the evidence Nos. 1-1, 2, 2, and 6-1 through 4, alleged that the documents of evidence No. 6 were forged from the preparatory document dated June 10, 2016, but the Defendant’s name and address, etc. stated in the evidence No. 6-1, 2, and 4 are present at the date of pleading of the instant case.

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