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(영문) 부산지방법원서부지원 2019.01.08 2017가단109012

보증채무금

Text

1. The Defendant amounting to KRW 495,00,000, and to KRW 4.2% per annum from December 16, 2016 to July 10, 2017, as well as to the Plaintiff.

Reasons

1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1, 2, 3, 4, 5, and Eul evidence Nos. 5:

On June 16, 2014, the Plaintiff extended 1.1 billion won to Non-Party A Co., Ltd. (hereinafter “Non-Party A”) on May 25, 2022, and the credit interest rate plus 2.80% on 1,202, and the interest rate for delay plus 2.80% on KSIBR, the interest rate for delay plus 7% per annum on the credit interest rate (7% per annum if the delay period is less than three months, and 8% per annum if the delay period is more than three months), and the repayment method was set at 11% per annum on an equal installment basis every three months after the lapse of two years and seven months (hereinafter “instant loan”). On May 26, 2014, the Defendant issued the guarantee bond to be used as security by the Non-Party Co., Ltd. on May 26, 2014.

B. On June 10, 2015, the amount guaranteed was reduced to KRW 495 million as the Plaintiff acquired other collateral in accordance with the terms and conditions of guarantee (special agreement) of the above electronic guarantee certificate. At that time, the above electronic guarantee certificate was recovered and the amount guaranteed was issued on the same day.

C. The non-party company paid interest only until December 15, 2016 with respect to the above loan obligation and lost the benefit of time by failing to pay the interest thereafter. This constitutes a guarantee accident under the terms and conditions applicable to the above electronic guarantee agreement (hereinafter “instant guarantee agreement”).

On January 11, 2017, the Plaintiff notified the Defendant of the occurrence of a guarantee accident, and requested the Defendant to perform the guaranteed obligation.

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the guaranteed debt amounting to KRW 495 million and damages for delay, unless there are special circumstances.

3. Judgment on the defendant's defense

(a) the obligation to preserve security;