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(영문) 부산지방법원 2016.08.25 2015가합3795

대여금등

Text

1. Defendant A:

(a) KRW 201,807,467 and among them 198,915 to the extent not exceeding 600,000,000 won.

Reasons

1. Facts of recognition;

A. From Oct. 2010 to Oct. 3, 2010, the Plaintiff lent facility funds, etc. to C Co., Ltd. (hereinafter “C”), and Defendant A, the representative director of C, from Mar. 31, 2004 to Dec. 3, 2013, determined the guarantee limit for the following loans (hereinafter “instant loans”).

Serial Guarantee Amount on the Rental Date No. 1,127,538,806,806,450,607,607,989,413 on May 18, 2015, the total amount of principal (won) of KRW 5 billion on April 25, 2012, and KRW 6 billion on April 25, 2012 (wholly repaid on March 11, 2015) of KRW 3 billion on April 25, 2012; KRW 1,127,538,806; KRW 13,450,60,000; KRW 360,840,000 on September 6, 2012; KRW 384,50,000,000 ( KRW 30,000,000 on KRW 685,00,000,000 on KRW 4886,50,000.

B. The major contents of the credit transaction agreement concluded between the Plaintiff and C in relation to the instant loan (hereinafter “the instant credit transaction agreement”) and the renewal guarantee agreement concluded between the Plaintiff and the Defendant A are as follows.

The principal of the Credit Transaction Agreement (C) approves that the Bank's basic terms and conditions (for a company) apply in credit transactions with Busan Bank (hereinafter referred to as the "Bank") in accordance with the following terms and conditions, and promises to the following provisions:

Article 2 (Compensation for Delay) (2) If a person fails to perform his/her obligation at the expiration of the credit period, or loses the benefit of time under Article 7 of the Framework Terms and Conditions for Credit Transactions, he/she shall immediately pay damages for delay to the credit balance.

The joint and several surety (hereinafter referred to as the "sureties") shall be jointly and severally liable with the debtor for all the obligations of the debtor to be borne by the Busan Bank (hereinafter referred to as the "Bank") in the present and future, and shall discharge the guaranteed obligation.