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(영문) 서울서부지방법원 2013.08.29 2013가합1341

보증금지급

Text

1. The Defendant’s KRW 112,675,073 and KRW 105,470,00 among the Plaintiff’s KRW 105,00 per annum from January 10 to August 29, 2013.

Reasons

Basic Facts

A running a pressese company “B” was to obtain facility loan from the Plaintiff in order to purchase machinery necessary for business around January 201.

On January 10, 201, A entered into a sales contract with Dong new presses Co., Ltd. (hereinafter referred to as “Dong new presses,”) with B, for a bid price of 800 million won (hereinafter referred to as “this case’s first sales contract”). < Amended by Presidential Decree No. 20320, Dec. 10, 201; Presidential Decree No. 20350, Feb. 1, 201; Presidential Decree No. 20358, Feb. 2, 2005>

In addition, A entered into a sales contract (hereinafter referred to as “the second sales contract of this case”) with a company MM on the same day that purchases more than 200 million won (hereinafter referred to as “the second sales contract of this case”) for the two parts, COILCAR (Standard MCC-70000), HEARING M/C two parts (hereinafter referred to as “the second equipment of this case”).

According to the sales contract of the instant case Nos. 1 and 2, the seller supplied each of the instant machines on May 20, 201, and the seller stated that A shall receive a loan from a bank for each of the sales proceeds, and no particular statement is made on the date of payment of A.

A around that time, while submitting a sales contract for each of the subparagraphs 1 and 2 of this case to the Plaintiff, the application for facility loan was defective, and the Plaintiff decided to lend KRW 800 million to A as a security for the Defendant’s credit guarantee for the facility fund.

On March 18, 2011, the Defendant entered into a credit guarantee agreement with A to guarantee the principal and interest of facility funds borrowed by A from the Plaintiff (hereinafter “the instant credit guarantee agreement”) with A as “the guaranteed principal of KRW 720 million ( KRW 800 million x 90%) and the guaranteed term of March 17, 2013, and “the loan agreement” (hereinafter “the instant loan agreement”) and then provide a letter of credit guarantee (hereinafter “the letter of credit guarantee”).