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(영문) 수원지방법원평택지원 2016.10.13 2016가합8147
청구이의
Text

1. The Defendant’s payment order with the executory power in Suwon District Court Decision 2015 tea 472 against the Plaintiff.

Reasons

1. Basic facts

A. B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was changed from C around October 27, 2010, and borrowed KRW 1,600,000,000 from the Gyeonggi-do Fisheries Cooperatives (hereinafter “Seoul-do Cooperatives”) on May 25, 2009 from May 25, 2009, at the expiration date of the extension of the extension period, on May 25, 201, the interest was changed according to the rate of change according to the basic terms and conditions of the Suhyup Credit Transaction, and the repayment method was determined to be repaid in full on the expiration date of the extension period.

(hereinafter “instant loan”). On May 22, 2009, the non-party company provided the land owned by the non-party company, other than Pyeongtaek-si D, and six parcels of land (hereinafter “the instant real estate”), as collateral, and on May 22, 2009, the registration of the establishment of the mortgage in the name of the non-party company and the non-party company with respect to each of the instant real estate at KRW 2,080,000, the maximum debt amount was completed

(hereinafter referred to as “instant collateral security”). Around May 2009, E, the representative director of the Nonparty Company, entered into a limited collateral security agreement between the South-North Korea Fisheries Cooperatives and the Nonparty Company with respect to all of its obligations currently or in the future, which is the primary debtor, within the limit of KRW 1,920,000,000.

B. After that, on April 2012, the Plaintiff, a representative director of the non-party company, entered into a limited continuing guarantee agreement with the South-North Korea Federation, which provides that the joint and several liability shall be limited to KRW 1,920,00,000, for all obligations currently or future, owed to the non-party company, the primary debtor, within the scope of KRW 1,920,00 (hereinafter “instant continuing guarantee agreement”).

On May 15, 2012, a non-party company extended the date of expiration of the credit term of the instant loan to May 15, 2013 (after that, the date of expiration of the credit term of the instant loan was extended once by May 15, 2014) and adds 5% per annum if the overdue period is less than one month from the date of delinquency, 6% per annum if it is between one month and three months, and 12% per annum if it is more than three months.

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