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(영문) 서울고등법원 2015.08.13 2013나2029675
양수금
Text

1. The appeal by the defendant (appointed party) is dismissed;

2. The costs of appeal shall be borne by the defendant (appointed party).

Reasons

1. On June 30, 2006, the Defendant and the Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) drafted a loan guarantee agreement with the Defendant stating that “Korea Mutual Savings Bank shall grant a loan of KRW 2.830,000,000 per annum to the Defendant at 10.5% per annum, 25% per annum, 25% per annum, and due date for repayment as of June 30, 2007,” and thereby, “the first loan agreement” and “the first loan agreement” and “the loans” are “the first loan agreement,” and “the loans” are “the first loan agreement,” and the designated parties on the same day shall jointly guarantee the Korea Mutual Savings Bank.

In addition, on June 30, 2006, the So-called "the Second Loan Agreement" is referred to as "the Second Loan Agreement" with the content that "Korea-do Savings Bank shall grant a loan of KRW 1 billion in interest per annum, KRW 11% per annum, KRW 25% per annum, and maturity on June 30, 2007" and "the Han-gu Savings Bank shall grant a loan to the designated parties B, which shall be due on June 30, 2007, and thus, "the Second Loan Agreement" and "the Second Loan" shall be referred to as "the Second Loan Agreement" and the corresponding loans shall be referred to as "the second Loan". The defendant and the designated parties C, D, and the development of the Price Industry shall be jointly and severally guaranteed to

In addition, on June 30, 2006, Korea Savings Bank is a credit transaction agreement with the designated parties C and "Korea Savings Bank shall lend KRW 427,192,843 to the designated parties C with interest rate of KRW 10.5% per annum, annual interest rate of KRW 25% per annum, and due date of payment on June 30, 2007" (hereinafter referred to as "third loan agreement"), and thereby, "third loan agreement" and "third loan loan" are "third loan."

The term “instant loan contract” and “instant loan,” respectively, by referring to the loan contract and the three loans. On the same day, the Defendant and the appointed parties B, D, and the price industry development of Korea Stock Company are jointly and severally guaranteed to the Korea Savings Bank.

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