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(영문) 대전지방법원서산지원 2015.07.02 2014가합2000395

청구이의

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 20, 201, the Plaintiff entered into a credit transaction agreement with the Defendant (hereinafter “the instant credit transaction agreement”), a mutual savings bank (hereinafter “Defendant bank”) (hereinafter “the instant credit transaction agreement”), 5,700,000,000, annual interest rate of 28%, annual interest rate of 28%, and one-year credit period of 1 year (hereinafter “the instant credit transaction agreement”).

On December 22, 2012, the Plaintiff and the Defendant Bank agreed to extend the credit term of the instant credit transaction agreement to December 22, 2013 and to change the interest rate to 9% per annum.

B. On December 20, 201, the Defendant Bank and the intra-company director B (hereinafter “Plaintiff’s representative B”) who is the representative at the time of the Plaintiff entered into a comprehensive collateral guarantee agreement with a joint and several surety within the limit of KRW 7,410,00,00 of the loan amount, and the auditor C entered into a limited collateral guarantee agreement with a joint and several surety within the limit of KRW 7,410,000 of the loan amount.

C. Around December 22, 2011, the Plaintiff’s representative stated two times as “B” in the column of the issuer of a promissory note with the amount of the promissory note and its issue date, date of payment, and addressee, etc. in blank. In the event the mandatory column and face value, issue date, payment date, and addressee column are blank and the payment of the amount of the promissory note is in arrears, the Plaintiff’s representative shall request the preparation of a notarial deed to the effect that no objection is raised even if compulsory execution is not received, and delegate all authorities concerning the application for grant, receipt, etc. of grant of execution, etc.,