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(영문) 부산지방법원동부지원 2019.01.09 2018가단200329
보증채무금
Text

1. The Defendant’s KRW 484,308,163 as well as 6% per annum from July 8, 2017 to January 15, 2018 to the Plaintiff.

Reasons

1. Facts of recognition;

A. 1) The Defendant entered into a credit guarantee agreement on March 7, 2016 (hereinafter “C”)

The following table shall apply to C’s obligation to repay the principal and interest of loan to be borne by C in obtaining loans from the Plaintiff:

1. After entering into a credit guarantee agreement, such as the details of the guarantee (hereinafter “each of the credit guarantee agreements in this case”), each of the credit guarantee agreements was issued in the future of the Plaintiff.

List

1. The details of guarantee (unit: unit) No. 1D 1D 300,000,000 for the counterpart to the guarantee subject of the guarantee period on the date of guarantee of the guarantee period, the guarantee period, on March 7, 2016, on March 7, 2017, Plaintiffs 2 E 180,000,000 for short-term general loans for enterprise driving on March 7, 2017, and Plaintiff 2 C for the short-term general loans for enterprise driving on March 7, 2017:

2. According to the credit transaction agreement with the Plaintiff (hereinafter “the credit transaction agreement of this case”), a loan was made.

List

2. (Unit.) The credit transaction terms of the credit guarantee agreement of this case and the credit term of each credit transaction agreement of this case were extended on March 7, 2017 to 1 D 300,000,000,000 for short-term general loans of 300,000 E 2 E 180,000,000 for short-term general loans of 180,000 for company driving on March 7, 2017.

2. On July 7, 2017, the Plaintiff filed a claim with the Defendant for the payment of the guaranteed liability under each of the instant credit guarantee agreements, but the Defendant, on August 25, 2017, on the ground that “the Plaintiff lost or reduced the security by intentionally or negligently violating the intent of the terms and conditions of the guarantee that the Plaintiff would preserve the Defendant’s right to indemnity, thereby infringing the Defendant’s right to subrogation.

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