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(영문) 서울중앙지방법원 2015.03.12 2014가단5228559

보증채무이행

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. As of December 17, 2013, the Plaintiff acquired claims, such as principal and interest of loans, from the Industrial Bank of Korea (hereinafter “Nonindicted Bank”), and had the following credit receivables against the debtor Uyoung Chang Chang Industrial Co., Ltd. (hereinafter “debtor Company”).

(1) Loans of local restructuring facilities 241,280,705,705,740,7420, 1360, 159,74, 167, 820, 196, 218, 311, 788, 838, 788 (2), 241, 280,705, 634, 634, 135, 7200, 2360, 360, 159, 122, 614, 410, 820, 218, 437, 137, 434, 620, 628, 628, 100, 90, 104, 1984, 605, 605, 6305, 6584, 657, 6947, 6584, 6067

B. On May 25, 2010, the Defendant: (a) made a guarantee counterpart to the obligor company a non-party bank; (b) set the guaranteed amount of KRW 39,30,000, 90 per cent of the guaranteed amount with respect to the obligation; (c) changed the guaranteed amount of KRW 339,30,000, 90 per cent of the guaranteed amount with respect to the obligation; and (d) changed the guaranteed amount to the guaranteed amount of KRW 751,680,000 with respect to the factory site 638,47, 707, 707, 706 square meters of the same Ri (hereinafter “each of the instant lands”); and (b) set the first priority with respect to each of the above factories at the time of the completion of the construction of the factory; and (c) set the guarantee amount to be at least KRW 203,580,000,000 with respect to the guaranteed amount to the obligor company’s business site; and