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(영문) 광주지방법원 2020.08.14 2020가단502564

양수금

Text

1. The defendant shall pay to the plaintiff the amount of KRW 87,577,259 and KRW 39,923,073 from November 28, 2019 to the day of full payment.

Reasons

1. Determination on the Plaintiff’s assertion of the cause of claim

A. The facts of recognition (1) concluded a credit guarantee agreement with the Defendant on May 28, 2004 (hereinafter “F”), including the conclusion of a credit guarantee agreement, with the E-Union management agency (hereinafter “F”), (1) entered into a credit guarantee agreement with the Defendant on the guarantee amount of KRW 13,500,000, and with the guarantee period of KRW 3 years from the date of the loan (hereinafter “credit guarantee agreement”), and issued a credit guarantee agreement on the same day (hereinafter “credit guarantee agreement”). (2) on December 27, 2004, the guarantee amount of KRW 29,50,000, and the guarantee period of KRW 5 years from the date of the loan (hereinafter “credit guarantee agreement”) and issued a credit guarantee agreement with the same date (hereinafter “credit guarantee agreement”) (hereinafter “the guarantee amount of KRW 9,00,000, and three (3) years from the date of the loan agreement; hereinafter “credit guarantee agreement”).

(2) The term "credit guarantee agreement of this case" was concluded on May 28, 2007 with G Cooperatives, ① the loan amount of KRW 15,00,000 as security, and the expiration date of the loan period of KRW 15,000 on May 28, 2007. ② The loan amount of KRW 29,50,000 as security, and the expiration date of the loan period of December 27, 2004 entered into a loan transaction agreement with the contents of the credit guarantee agreement of December 27, 2009. ③ The third credit guarantee agreement of this case was concluded on January 20, 2005 with the content of the loan transaction agreement with the content of the loan amount of KRW 10,00,000 as security, and the expiration date of the loan period of January 20, 208.

(2) The Defendant delayed the performance of obligations under each loan transaction agreement of this case, such as the acquisition of the right to indemnity and the confirmation of payment order, by referring to each loan transaction agreement entered into as above.