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(영문) 서울중앙지방법원 2016.01.15 2014가단164148

보증금지급

Text

1. The Defendant: (a) KRW 346,50,000 for the Plaintiff and KRW 5.62% per annum from November 26, 2013 to January 15, 2016; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff’s facility loan and the Defendant’s credit guarantee 1) A Co., Ltd. (hereinafter “A”);

A) B entered into a contract with B (C) for the supply and demand of machinery for the manufacture and installation of machinery equipment in a factory as follows (which means the machinery of this case, in which a shot paper (which means the machinery for which a shot paper for stuffing) at issue in this case can be printed by inserting shot paper in a printing machine) is called the machinery of this case:

[2] On February 20, 2012, the payment period for the machinery and equipment subject to the contract date: (a) one luet-to-ro lacisor (D) (50,000,000 won on September 10, 2012; (b) the Defendant entered into a credit guarantee agreement with the Defendant on June 18, 2012 for the loan of funds for the introduction of the machinery and equipment with A and the Defendant up to the coverage period of 693,00,000,000 won on June 29, 2012; and (c) the guarantee period of 18, 2012.

The Defendant issued the electronic technology credit guarantee certificate (Guarantee Number F, hereinafter the instant electronic guarantee certificate) to the Plaintiff.

In accordance with the Factory and Mining Foundation Mortgage Act (hereinafter the Factory Mortgage Act), the defendant set up the third priority mortgage above the guaranteed amount and took the credit guarantee agreement that the plaintiff should cancel more than 30% of the guaranteed amount, as soon as the above machinery equipment equipment equipment was installed between the plaintiff and the plaintiff.

(3) On August 6, 2012, the Plaintiff loaned KRW 770,00,000 as corporate facility funds for the introduction of A and machinery and equipment, and entered into a loan agreement with the Plaintiff with the interest rate of KRW 2.26% from June 18, 2020 after six months from the date of the loan implementation to June 18, 2020 (hereinafter “the instant loan”).

(2) From August 7, 2012 to December 10, 2012, the Plaintiff loaned a total of KRW 770,000,000 to A step by step, from August 7, 2012 to December 10, 2012. The Plaintiff terminated the guaranteed amount by 30% according to the instant credit guarantee agreement, and the guaranteed amount is KRW 485,10,000 (=the instant machine part).