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(영문) 서울중앙지방법원 2015.05.13 2014가단142513

보증채무금

Text

1. The Defendant shall pay to the Plaintiff the amount of KRW 307,415,243 and KRW 165,533,762 among them, from June 20, 2014 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. On June 15, 2007, the Plaintiff is jointly and severally and severally liable to Nonparty B Co., Ltd. (hereinafter “Nonindicted Company”).

(2) The credit transaction agreement between the company and the credit limit amount of KRW 300 million, and the credit transaction agreement between the company and the company as of June 18, 2008 (hereinafter referred to as the “credit transaction agreement of this case”).

(2) At the time of the above credit transaction agreement, the Defendant, the representative director of the non-party company at the time of the above credit transaction agreement, entered into a future guarantee agreement for future ceiling period (hereinafter “the instant guarantee agreement”) with which the non-party company is jointly and severally guaranteed without setting a period for settlement of accounts (if the non-party company becomes liable to designate a period for settlement by written notification of the guarantor at the expiration of three years from the date of the guarantee agreement), even if all debts owed by the non-party company due to the instant credit transaction agreement against the Plaintiff are refunded to the Plaintiff in the same kind as the repayment or rehandling of the debt.

3) The Plaintiff and the Defendant, the representative director of the Nonparty Company, reduced the credit limit to KRW 170,000,000,000 from June 13, 2008, which was the time when the period of the instant credit transaction agreement expires, and subsequently, reduced the credit limit to KRW 180,000,000 on June 15, 2009, which was the time when the said period of the first additional agreement expires, to KRW 100,000,000,000,000, the Plaintiff signed each of the said additional agreement as a joint and several surety at the time of signing the said additional agreement by extending the credit limit to KRW 17,00,00,000 on December 10, 209, which was the time when the said period of the second additional agreement expires, to KRW 100,000,000,000,00,000,000.

5 The non-party company shall have a benefit of time around March 26, 2010.