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(영문) 서울중앙지방법원 2016.10.31 2016나9161

보증채무금

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On December 16, 2011, A Co., Ltd. (hereinafter “A”) entered into a contract for installation of machinery and equipment between Company B (hereinafter “B”) and a two-factory located in Seo-gu Incheon, Seo-gu (hereinafter “B”) to install the automatic power pumps at KRW 565,60,000 (value-added tax).

B. A requested a credit guarantee to the Defendant on April 3, 2012 to obtain a loan from the Plaintiff. On April 5, 2012, A issued a credit guarantee statement stating that “A shall acquire a notarial deed or a transfer for security based on a certified fixed date” (hereinafter referred to as “the credit guarantee statement of this case”) on April 24, 2015, stating that “the guaranteed principal shall be KRW 405,00,000, and the term of guarantee shall be April 24, 2015; the loan amount shall be KRW 450,00,000, and the loan amount shall be KRW 90,00,00, and the guarantee rate shall be KRW 90,00,000, and the attached list (hereinafter referred to as “this case”).

C. On April 25, 2012, A entered into a credit transaction agreement with the Plaintiff on the credit guarantee agreement of this case issued by the Defendant (hereinafter “the credit transaction agreement of this case”), whereby the Plaintiff and the Plaintiff enter into a credit company general loan (temporary repayment of facilities), the agreed amount of 500,000,000 won, April 24, 2015 (temporary repayment), and 0.3% of the market interest rate base rate (three months change), and 50,000,000 won from the Plaintiff (hereinafter “the loan of this case”), and the said amount was deposited into the bank account in the name of Korea under B.

On April 25, 2012, in order to secure the instant loan, the Plaintiff established a security interest in the transfer of the instant machinery and equipment (Limit of security KRW 650,000,000) from A, and was notarized on May 14, 2012.

E. A paid only interest until February 25, 2013, and thereafter, he/she lost the benefit of March 27, 2013 as a result of delinquency in the payment of interest. As of the date of the closing of argument in the trial, the remaining principal of the instant loan is KRW 500,000,000.