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(영문) 울산지방법원 2015.05.21 2014가합6783

보증채무금 등

Text

1. Defendant CP Partners, B, and C shall be jointly and severally liable to the Plaintiff for KRW 350,000,000 and the same on March 2010.

Reasons

1. Basic facts

A. On November 12, 2009, the Plaintiff: (a) lent KRW 350,000,000 to Defendant CP Partners Co., Ltd. (hereinafter “Defendant CP Partners”) at interest rate of 36% per annum; and (b) interest rate of December 12, 2009; and (c) at interest rate of 49% per annum (hereinafter “instant loan loan agreement”); (d) Defendant B, and C jointly and severally guaranteed the Defendant CP Partners’s obligation to the Plaintiff.

B. At the time of the loan agreement of this case, Defendant B, at the location of the Defendant Kimnam Bank Co., Ltd. (hereinafter “Defendant Kim Nam Bank”), stated “B of the E branch office E” in the column of joint and several sureties of the loan certificate drawn up at the time (hereinafter “the loan certificate of this case”), and attached the official seal of the E branch office to the Plaintiff.

C. In addition, Defendant B also prepared and ordered the Plaintiff with the following subrogation payment undertaking (hereinafter “instant subrogation payment undertaking”).

The loan applicant, etc. shall submit a security and make a decision on November 12, 2009, as the loan applicant, etc. shall be the amount borrowed from the loan applicant, etc. on the basis of the project cost, and the loan applicant, etc. shall pay the loan first out of the loan, and the loan applicant, etc. shall request the Bank to make a substitute payment on behalf of the Bank, when making a request for the payment on behalf of the Bank.The Bank shall prepare and entrust the passbook and the written claim for payment. Accordingly, this Bank shall secure the loan on December 12, 2009 and, on this basis, promise to deposit the above amount without representation in the next designated account.

· even if the loan execution is known, I undertake to pay on behalf of the above amount by January 12, 2009.

on November 2009, the following and the designated account name F Bank G of the National Bank Account: