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(영문) 대구지방법원 2017.04.26 2016나2503
사전구상금
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Basic facts

A. The Plaintiff is a fund management agency with the aim of contributing to the balanced development of the rural economy by ensuring the credit of farmers and fishermen who lack security capability under the Agricultural and Forestry Business Credit Guarantee Act so that the funds needed for agriculture and fisheries can be smoothly prepared, and thereby contributing to the balanced development of the rural economy. Seongdong Agricultural Cooperatives (hereinafter “Ssung Agricultural Cooperatives”) is an institution entrusted with the business of the above Fund. Defendant A is a farmer and fishermen under the above Act, and Defendant B is the husband of Defendant A.

B. The Plaintiff entered into a credit guarantee agreement with Defendant A, and for Defendant A, entered into an individual credit guarantee agreement (hereinafter “each of the credit guarantee agreements in this case”) as described in the table 1 for each of the credit guarantee agreements (hereinafter “each of the credit guarantee agreements in this case”, and for each of the credit guarantee agreements referred to as “the credit guarantee agreements in this case”).

In accordance with each of the credit guarantee agreements in this case on August 3, 2012, the guarantee rate of 16,000,000 interest rate of 16,00,000 of the loan with the guarantee rate of 1,00,000 of the loan with the guarantee rate of 5, July 27, 2009, M 2, M 3,200,000 of the general loan of N 3,00,000 on August 3, 203, 201, 100% of the general loan of 4,000 O 4,50,000,009 on August 3, 2012, when the plaintiff performed the credit guarantee obligations in this case, the defendant A must pay the repayment amount and the rate of the repayment (in case where the rate of damages for delay has been changed due to the change in the rate of interest rate), the payment procedure or the payment procedure of all the incidental obligations as determined by the plaintiff.

In addition, if necessary, such as the aggravation of credit conditions and changes in the conditions of guarantee, there is no objection even if the amount and duration of the transaction are changed or the transaction is suspended (Article 1(3)) and Article 1(3).

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