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(영문) 대전지방법원 2017.11.17 2015가단217451
대여금
Text

1. The Plaintiff:

A. As to the Defendant A’s KRW 6,937,284 and KRW 3,638,530 among them, the amount of KRW 6,937,284 from April 29, 2016 to KRW 2,582,564.

Reasons

1. Basic facts

A. On July 1, 2015, the Plaintiff (the original name was the Korea Housing Guarantee Corporation, but the former name was changed to the current name on July 1, 2015 pursuant to Article 4 of Addenda to the Housing and Urban Fund Act.

Around May 28, 1998, Nonparty U.S. Co., Ltd. (hereinafter referred to as “S”) was changed to “S,” a trade name as of April 7, 2008 after several changes of trade names.

hereinafter referred to as “S” only

2) As between the Company and the Company, M&V apartments newly built and sold by S (hereinafter referred to as “instant apartment”).

(A) The guarantee number: The guaranteed amount of W (hereinafter “First Guarantee Contract”): the guarantee period of KRW 1,320,063,168: the guarantee creditor for three years from May 28, 1998 to May 27, 2001: X (hereinafter “V apartment council of occupants’ representatives”) guarantee agreement.

(A) The guaranteed amount: The guarantee period of KRW 330,015,792: From May 28, 1998 to May 27, 2008, the guarantee creditor: 10 years: the council of occupants’ representatives of V apartments: and the Plaintiff entered into each of the following contract as to the instant apartment building between S and S around May 14, 1998. A) The guarantee number: Y (hereinafter referred to as “third guarantee contract”).

() Amount of security: Guarantee period of KRW 118,783,560: From May 14, 1998 to May 13, 2001: The guarantee deposit of KRW 29,695,890: Guarantee guarantee period of KRW 29,690: Guarantee period of KRW 14,00: Msan market: From May 14, 1998 to May 13, 2008; as between the Plaintiff and the Plaintiff on May 14, 1998; as a result of the guarantee contract of KRW 1 and 2, it is obligated to faithfully repay the guarantee deposit if the Plaintiff has a right to indemnity on any ground, such as paying the guarantee deposit to the guarantee creditor (hereinafter referred to as “automobile defect guarantee agreement”). Meanwhile, the guarantee obligation of the agreement that the Plaintiff is obligated to faithfully repay the guarantee deposit (hereinafter referred to as “automobile defect guarantee agreement”).

(2) the same terms and conditions with respect to the third and fourth guarantee agreement on the same day, and the same terms and conditions as the surety agreement (hereinafter. hereinafter.).

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