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(영문) 춘천지방법원 속초지원 2018.09.21 2017가단31465
배당이의
Text

1. A contract establishing a right to collateral security concluded on October 17, 2016 between the Defendant and B regarding each real estate listed in the separate sheet.

Reasons

1. Basic facts

A. Plaintiff Gyeonggi Credit Guarantee Foundation B (hereinafter “D”)’s reimbursement claim 1) Plaintiff Gyeonggi Credit Guarantee Foundation on December 21, 201, is Plaintiff Gyeonggi Credit Guarantee Foundation D (hereinafter “D”).

B) Around December 21, 2012, the term of the guarantee principal was changed to December 21, 2012 (the end of December 16, 2016, and the term of the guarantee was changed to that of December 21, 2012). Meanwhile, B guaranteed all obligations owed to the Plaintiff Gyeonggi Credit Guarantee Foundation under the said credit guarantee agreement. (ii) D obtained a loan of KRW 94,40,000 from the National Agricultural Cooperative Federation as security on December 21, 2011.

3) Around October 13, 2016, D caused a credit guarantee accident in arrears with the above loans. Accordingly, on November 10, 2016, the Plaintiff Gyeonggi Credit Guarantee Foundation subrogated for KRW 85,468,367 to the NongHyup Bank Co., Ltd. established after division from the above National Agricultural Cooperative Federation (i.e., the principal amount of KRW 84,960,000) (i.e., KRW 508,367) (i., the principal amount of KRW 84,960,00). (ii) The Plaintiff Gyeonggi Credit Guarantee Foundation filed a lawsuit against B seeking the payment of the amount of indemnity pursuant to the subrogation under the Seoul Central District Court Decision 2016Da5304631, March 17, 2017, the Plaintiff Gyeonggi Credit Guarantee Foundation was sentenced to KRW 85,346,906 and the annual payment of KRW 85,346,867 from the following date to the 10% of the annual payment.125%.

B. On January 31, 201, the Plaintiff Credit Guarantee Fund entered into a credit guarantee agreement between D and D on a credit guarantee agreement with the payment amount of KRW 72,00,000,000, and the term of guarantee until January 30, 2012 (the subsequent change to January 26, 2017), and issued a credit guarantee agreement. On the other hand, D jointly and severally guaranteed all the obligations owed to the Plaintiff Credit Guarantee Fund under the said credit guarantee agreement. (2) On January 31, 2011, D provided the said credit guarantee agreement as collateral.

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