(영문) 서울중앙지방법원 2017.06.14 2016가합516252

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(영문) 서울중앙지방법원 2017.06.14 2016가합516252

보증채무금 청구의 소

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1. The Defendant’s KRW 178,815,00 for the Plaintiff and KRW 3.079% per annum from May 4, 2015 to April 5, 2016.

Reasons

1. Basic facts

A. On October 7, 2014, A Co., Ltd. (hereinafter referred to as “A”) concluded a contract for construction works with Integypt Construction Co., Ltd. (hereinafter referred to as “Integypt”) with two factories and offices with the size of two floors above the ground B, one factory with the size of the first floor above the ground (hereinafter “instant construction works”); the contract price of KRW 1.550 million (excluding value-added tax); the completion date of the completion of the construction works; the period within 10 days after the claim for the commencement of the payment for late payment; and the period within 10 days after the completion of the remainder payment.

(hereinafter “instant contract”). (b)

1) In order to prepare the construction cost of the instant contract, A shall obtain a loan from the Plaintiff and request the Defendant to provide a credit guarantee. On November 4, 2014, the Defendant issued a credit guarantee letter with the rate of KRW 1,240,000,000 and the guarantee rate of KRW 100% (hereinafter “the instant credit guarantee letter”), and the guarantee contract between the original Defendant following the issuance of the instant credit guarantee letter is “the instant guarantee contract”.

(2) The key contents of the instant credit guarantee agreement include the following contents in the context of the terms and conditions of the instant credit guarantee agreement: “3. The instant building (see the notice of the decision on the grant of loans) shall be acquired as a collateral and the entire amount of the guaranteed amount shall be terminated, regardless of whether the construction is completed immediately.”

[Terms and Conditions of Credit Guarantee] Article 21 (Operation of Guarantee Special Agreement) ① Guarantee Special Agreement is applied in preference to this Clause.

(2) In conducting business of lending, acquiring collateral, etc., a creditor shall perform the contents of a special agreement for guarantee with the care of a good manager.

Article 22 (Exemption) (1) In any of the following cases, the defendant shall be fully guaranteed liabilities:

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