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(영문) 서울중앙지방법원 2020.12.10 2017가단5170880

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

A. “At the time (as referred to in subparagraph 1)” provides that a person shall not be held liable for all or part of the guaranteed obligation.

3.As soon as a part of the facility (E facilities and manufacturing units C) has been acquired and managed by means of a fixed date transfer, and as soon as the whole the facility has been installed, additional collateral by mortgage on a factory and mining foundation (establishment of a first priority mortgage on land, building, and facility) has to be acquired and terminated at least 50 per cent of the amount guaranteed;

4. Notwithstanding the amount guaranteed by this letter of guarantee, I will immediately conduct an appraisal for the completion of the relevant facility (E facility and manufacturer C) and execute the loan within the value of appraisal.

However, if the appraisal value is below the amount of loan as a result of the appraisal conducted, even if it is inevitable in the course of loan treatment, the amount of guarantee deposit is reduced by the amount obtained by multiplying the amount of guarantee by the “ratio of reduction of appraisal price”, regardless of the notice of termination of guarantee.

* The appraisal rate = (loaned amount - the appraised amount) - The amount of loan 3) The Plaintiff, at the request of B on August 29, 2014, is the reaction instrument (hereinafter “the reaction instrument”) in which the mixture of paint ingredients is called the reaction instrument of this case.

(C) From June 2015, B delayed the payment of interest on the loan from around June 2015, and on July 28, 2015, a guarantee accident under the credit guarantee contract of this case occurred.

2) On December 8, 2015, the Plaintiff filed a claim for the payment of the deposit of KRW 1.71 billion (1.7 billion (1.9 billion in facility loan (1.90 million) x 90%) under the instant credit guarantee agreement, but the Defendant, on January 29, 2016, notified the Plaintiff of the exemption that he/she violated the special terms and conditions stipulated in the instant credit guarantee agreement. D. The representative director B’s act of fraud against the actual operator G (1) as the actual operator, was a stock company on August 13, 2013 in order for H or G to establish the B factory within the D located in Yangsan City as the actual operator.