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(영문) 수원지방법원안산지원 2017.05.12 2015가단108864
배당이의
Text

1. It was concluded between Nonparty A and the Defendant on May 3, 2013 regarding real estate listed in the attached Table 1.

Reasons

1. Facts of recognition;

A. On February 12, 2009, the Plaintiff entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with E running a general steel manufacturing business (hereinafter “the spouse of the Nonparty”) to guarantee the repayment of loans to small and medium enterprise loans to the Industrial Bank of Korea (hereinafter “the Industrial Bank of Korea”) of the said person. In order to guarantee the repayment of loans to small and medium enterprise loans to the Industrial Bank of Korea, the Plaintiff entered into a credit guarantee agreement between February 12, 2009 and February 11, 2010.

B. A (hereinafter “the Nonparty”) was a joint and several surety of the Nonparty’s spouse for the Plaintiff in the instant credit guarantee agreement.

C. The main content of the instant credit guarantee agreement is as follows, and there is no separate agreement on the maximum amount of the Nonparty’s guaranteed liability.

Article 16 (Joint and Several Surety) (1) A joint and several surety shall assume the responsibility for the performance of his obligations under this Agreement jointly and severally with the principal.

(2) Notwithstanding paragraph (1), a joint and several surety under subparagraph 1 of Article 2 of the Special Act on the Protection of Guarantors shall assume responsibility in accordance with the highest amount of guarantee obligations and guarantee period separately stated.

However, if any of the causes under the subparagraphs of Article 6 (1) occurs within the guarantee period, he/she shall be liable for the performance even after the guarantee period expires.

Article 6 (Prior Reimbursement) (1) When a cause falling under any of the following subparagraphs occurs to the principal, the principal and the joint guarantor shall bear the obligation to repay in advance the amount guaranteed by the plaintiff, even if there is no notification or peremptory notice from the plaintiff:

1. In case of violation of Article 5 (Obligation to Fulfill Principal Obligations), Article 5 (Obligation to Fulfill Principal Obligations) (Obligation to Fulfill Principal Obligations), which the plaintiff has guaranteed obligation, shall not be a day on which the plaintiff performs the guaranteed obligation as a whole by the due date.

Article 10 (Scope of Repayment) (1) When a plaintiff has discharged his/her surety obligation, he/she.

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