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(영문) 수원지방법원안양지원 2016.11.10 2015가단114812
배당이의
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Based on the facts, the Plaintiff and C Co., Ltd.’s credit guarantee agreement and D’s joint and several sureties concluded each credit guarantee agreement (hereinafter “each of the credit guarantee agreements in this case”) with C Co., Ltd. (hereinafter “C”) to guarantee the obligation of loans to our Bank Co., Ltd. (hereinafter “Korea Bank”) as follows, and provided credit guarantee in accordance with each of the credit guarantee agreements in this case.

The first guarantee term of the first guarantee term, the guarantee term of the principal of the contract date of which was changed, was KRW 340,000,000 from April 17, 2007 to April 16, 2015, the second guarantee term of KRW 250,500,000 from December 21, 2007 to December 19, 2008, KRW 205,000,000,000 from February 21, 2007 to December 19, 208, the first guarantee term of KRW 30,000,000,000 from February 20, 209 to February 11, 2015, each of the credit guarantee obligations of the representative director under the credit guarantee agreements against the Plaintiff, the representative director from February 20, 2010 to February 19, 2015.

C A loan, occurrence of a credit guarantee accident, and repayment C of the Plaintiff’s guarantee obligation to our bank is a credit guarantee under each credit guarantee agreement of this case, and it was extended from our bank as follows, but it was lost the benefit of time on July 7, 2014 because it was impossible to pay the principal of the loan at the due date.

On April 18, 2007, the second guarantee loan of 400 million won general funds for corporate driving on the second guarantee on December 26, 2007, the third guarantee of 300 million general funds for corporate driving on February 20, 2009, the Plaintiff repaid the principal and interest of C loans to the Bank on July 10, 2014, as follows.

The payment order of KRW 756,646,196, which became final and conclusive in total of KRW 756,646,196, and KRW 21217,00,000,000 for the second guarantee of KRW 185,157,435, and KRW 255,841,569 for the third guarantee of the third guarantee of the third loan of KRW 315,647,192 for the first credit guarantee of the loan was claimed against C and D by the Incheon District Court, and the court issued the payment order as follows on December 2, 2014.

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