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(영문) 춘천지방법원원주지원 2015.03.31 2014가합5827

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff 10 million won and 20% interest per annum from September 4, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. A and the Plaintiff’s joint and several guarantee 1) A are the original state B, C, D, E, and F (hereinafter “instant site”) from the Defendant’s Intervenor.

3) On the ground, the building of a golf practice range (hereinafter “instant building”) is a building.

(2) In order to obtain a general facility loan for the purpose of construction, the credit guarantee agreement between the Defendant and A on April 6, 2007 provides a credit guarantee agreement between the Defendant and A on the guarantee of the amount of security deposit and the credit guarantee period from April 6, 2007 to April 5, 2012 (hereinafter referred to as the “credit guarantee agreement of this case”).

On the same day, the Plaintiff, a contractor in the above golf range, has jointly and severally guaranteed all obligations under the instant credit guarantee agreement against A’s Intervenor. 2) The credit guarantee agreement issued by the Defendant to the Defendant’s Intervenor on the same day is set up on January 1st Business Place (the location: the location: 3,600,000,000 won or more and 2nd mortgage for the land outside E and four parcels, and then the loan under the instant guarantee agreement is treated as the loan.

2. He shall terminate the full amount of the present guarantee in addition to the list of the above-mentioned second-class collateral mortgages, notwithstanding whether to conduct appraisal and the assessed value of the collateral immediately after the completion of the relevant facilities ( golf practice range);

B. B. The loan agreement between A and the Intervenor’s Intervenor, the establishment of a mortgage on the instant site, and the Plaintiff’s joint and several guarantee 1) on April 6, 2007, A entered into a general facility loan agreement with the Intervenor’s Intervenor on April 25, 2007 under the Plaintiff’s joint and several guarantee, and obtained a loan of KRW 2.43 billion on April 25, 2007. On the same day, A registered the creation of a mortgage of KRW 3.6 billion with the Defendant’s Intervenor as joint collateral. At that time, A added the instant building to the joint collateral on the instant site as soon as the instant building is completed.