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(영문) 서울중앙지방법원 2017.01.19 2015가단5378161
근저당권일부이전등기절차이행청구
Text

1. The defendant shall be the plaintiff.

(a) The Suwon District Court shall set forth in the annex Nos. 1, 2, and 3.

Reasons

1. Basic facts

A. On April 27, 2011, the Plaintiff is the National Agricultural Cooperative Federation (the Defendant: hereinafter referred to as “Defendant”) under a credit guarantee agreement (the principal of the guaranteed principal: KRW 180 million, and a loan handling institution: the principal of the guaranteed principal: the National Agricultural Cooperative Federation (the Defendant following the corporate division; hereinafter referred to as “Defendant”).

(A) The amount of loan: 20 million won, guarantee rate: 90%) was concluded.

(A) Accordingly, the Defendant loaned KRW 200 million to the drinking floor on the same day as a general fund loan; hereinafter “instant loan loan”). (B)

On June 30, 2015, the Plaintiff paid KRW 182,608,371 to the Defendant on November 16, 2015 upon the Defendant’s request for the performance of guaranteed obligations.

C. In relation to the above guarantee agreement, the main contents of the guarantee agreement applicable between the Plaintiff and the Defendant (hereinafter “instant guarantee agreement”) are as follows.

Article 2. Terms used in this Terms and Conditions

6.A guarantee loan means a loan carried out in conformity with the terms and conditions of a credit guarantee certificate and in which a credit guarantee relationship under Article 4 has been established, providing the following loans in total:

(a) the portion of the share of responsibility for news (referred to as “A” refers to the plaintiff; hereinafter the same shall apply) based on “A” ratio;

(b) a portion of the share of liability of creditors (referred to as "1- Guarantee Ratio" refers to the defendant; hereinafter the same shall apply) under "Guarantee Ratio".

(c) If the amount of loan has been executed in excess of the predetermined amount of loan, the excess;

9. The term “direct collateral for a guaranteed loan” means a security right that only the secured debt is the secured debt or any security right that has been acquired under a guarantee agreement; 10. The term “security related to a guaranteed loan” means any security right that can be subrogated among the security other than the security in subparagraph 9.

Article 18 (Subrogation of Security, etc.) (2) Where the reporter subrogates a right to physical security due to the performance of a guaranteed obligation, the obligee shall transfer the following security right to the reporter immediately after he/she is discharged:

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