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(영문) 부산지방법원 2019.09.20 2019나42204

보증채무금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The reasons why the court should explain this part of the judgment on the basis of the facts and the cause of the claim are as follows: “The Defendant” of the second 14th of the judgment of the court of first instance refers to “the Credit Guarantee Fund” of “the first 18-19th, the same 18-19th,” and “B” of the above electronic guarantee certificate was issued by the new electronic guarantee certificate that was recovered and the guaranteed amount was modified as the same day; “B” around that time, the Defendant recovered the above electronic guarantee certificate of the Credit Guarantee Fund and issued a new electronic guarantee certificate the guaranteed amount of which was modified, as stated in each corresponding part of the judgment of the court of first ; and therefore, this part is cited in accordance with

2. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) The Plaintiff voluntarily terminated the right to collateral security regarding the above loan without the Defendant’s consent, and the Defendant was exempted from liability in accordance with the instant guarantee agreement. (A) On March 14, 2014, the Plaintiff granted a loan of KRW 600 million to the non-party company for small and medium enterprise facility loan to the non-party company on March 14, 2014, with the maximum debt amount of KRW 3 billion as to the land owned by the non-party company Kimhae-si (hereinafter “the first priority collateral”).

On March 28, 2014, D land owned by the non-party company (hereinafter referred to as “the land of the Gu business site”) was set up and on March 28, 2014.

(B) A credit guarantee statement (amounting to KRW 990 million) issued by the Credit Guarantee Fund on May 26, 2014 (amounting to KRW 990 million) is included in a special agreement (hereinafter referred to as “special agreement”) as follows:

2. The Plaintiff changed the first right to collateral security of KRW 3 billion to the land of the former place of business owned by the Plaintiff at KRW 3.24 billion, and included the first right to collateral security of this case as the secured claim, and then implement the loan under the present guarantee agreement;

3. Machines which are the relevant facilities, HU type.