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(영문) 서울중앙지방법원 2015.09.10 2013가합526432
보증금 청구의 소
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. 1) A Co., Ltd. (hereinafter “A”)

on May 10, 2011, B Co., Ltd. (hereinafter “B”).

(C) The office building of the steel structure and two factory units (hereinafter “each of the instant buildings”) on the land outside Kimpo-si and one parcel.

2) A new construction project (hereinafter referred to as “instant construction project”)

(2) The contract to contract for the total amount of KRW 1,205,205,00 (hereinafter “instant contract”).

In concluding the contract, the payment of the construction cost seems to mean the Plaintiff of the Bank. The agreement was reached to pay the construction cost in a fair and equitable manner in consultation with the Plaintiff. B) started the instant construction work at the time of the conclusion of the said contract.

B. (1) On June 16, 2011, the Defendant issued to the Plaintiff a letter of credit guarantee, including credit guarantee and loan agreement, which reads “A”, “Plaintiff”, “Plaintiff”, “Korean V Facilities Fund”, “1 billion won in Korea”, “100% in guarantee rate,” and “1 billion won in guarantee principal” (hereinafter “instant credit guarantee”).

Around February 2011, the Defendant had already entered into a business agreement on credit guarantee with the Plaintiff.

2. The above letter of guarantee deals with loans under this letter after setting up a second-class mortgage with respect to each site of the building of this case at least 1.2 billion won.

3. The guarantee shall be terminated in full by establishing a first-class collective security right exceeding 1.2 billion won, notwithstanding whether to conduct appraisal and the assessed value of the collateral immediately after the completion of each of the instant buildings;

'The special agreement' contains the contents of the special agreement.

2) Of the terms and conditions of the credit guarantee to be incorporated into the content of the instant credit guarantee, the parts related to the instant case are as follows.

If an obligee is unable to accept a guarantee agreement, the obligee shall not execute a guarantee non-loan.

(4) A creditor shall perform the business of lending, acquiring collateral, etc.

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