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(영문) 부산지방법원 2018.01.09 2017가단315426
보증채무금
Text

1. The Defendant’s KRW 250,469,329 as well as the Plaintiff’s annual rate of 6% from March 6, 2017 to January 9, 2018, and the following.

Reasons

1. Determination on the cause of the claim

A. Fact-finding 1) The Plaintiff’s loan No. 30,000,000 won applied to credit transaction agreements on November 2, 2012, 201, which was subject to the Plaintiff’s loan No. 110,000,000,000 in overdue interest loan No. 1, October 21, 201, and the second loan No. 2, which was subject to credit transaction agreements on November 29, 2012, is deemed to be the Plaintiff Company B (hereinafter “B”).

(2) The Defendant extended the repayment period of the first loan and the second loan and the second loan repayment period on November 1, 2013. The Defendant extended the repayment period of the second loan after becoming the representative director of the B on October 21, 2013 and extended the repayment period of the second loan and the second loan guarantee contract with the Plaintiff on November 1, 2013 (hereinafter “first loan guarantee contract”).

(B) Upon entering into a contract for collateral guarantee (Evidence A3-1), the Defendant entered a contract for collateral guarantee in the form of future designation the limit on collateral guarantee, the limit on collateral guarantee, the limit on collateral guarantee amount of KRW 182,00,000, and the period for settlement of accounts for collateral guarantee in the form of future designation. However, under the limited collateral guarantee, the Defendant entered the contract for collateral guarantee with the Plaintiff on December 2, 2013 (hereinafter referred to as “second collateral guarantee contract”) and entered the specific column of “transaction” in which the obligor is required to enter the Plaintiff in the lower part of “all obligations currently and future due to any of the following transactions,” into a contract for collateral guarantee with the Plaintiff on December 2, 2013 (hereinafter referred to as “second collateral guarantee contract”). The Defendant entered the limited collateral guarantee, the limit on collateral guarantee amount, the limit on collateral guarantee amount of KRW 364,00,000, and the period for settlement of accounts for collateral guarantee in the form of future designation:

However, under the limited guarantee, the debtor left the specific column of the "transaction", which is described in the lower end of all obligations currently and future due to the following transactions with the plaintiff:

3) Loans 1, 2, and 3 have been partially repaid with respect to loans 1, 2, and 3 after the first and second collateral guarantee contract, and the principal of loans 1, 2, and 3 remaining as of January 16, 2017 are as follows: (A) Principal of loans 80,000,000, interest and overdue interest 3.

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