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(영문) 서울중앙지방법원 2018.11.27 2015가단5304450
보증금
Text

1. The Defendant’s KRW 102,594,769 for the Plaintiff and the Plaintiff’s 4.74% per annum from August 5, 2015 to November 27, 2018.

Reasons

1. Basic facts

A. The Plaintiff’s loan and the Defendant’s credit guarantee 1) A Co., Ltd. (hereinafter “A”).

2) A is an enterprise that manufactures, sells, and installs CCTV. 2) A purchased land B, C, and D (hereinafter above three parcels of land) and B and C ground buildings (hereinafter referred to as “instant building”) in the original city, and remodeled it to a factory. In order to raise funds to purchase machinery and equipment necessary for the manufacture of CCTV, A filed an application for financing support funds for business start-up and competitiveness strengthening support with Gangwon-do.

around August 201, 201, Gangwon-do selected A as a business entity subject to recommendation for financing funds to support the enhancement of competitiveness, and A has been able to obtain a loan of KRW 870,000,000 from the Plaintiff in relation to the site, buildings, and machinery.

3) In order to provide the loan as security, A’s credit guarantee agreement between the Defendant and the estimated amount of the loan to be KRW 870,000,000 on September 26, 201 and KRW 90,000 on the guarantee rate and KRW 783,00,000 on the guarantee amount (=870,000,000 x 0.9) (hereinafter “the credit guarantee agreement of this case”).

(4) On October 14, 201, A submitted a credit guarantee agreement under the instant credit guarantee agreement to the Plaintiff, and entered into a loan agreement with the Plaintiff to confirm the purpose and amount of the loan and to perform in installments according to the degree of the establishment of the facility, with the interest rate of KRW 870,00,000 per annum, interest rate of KRW 4.74 per annum, and the transaction deadline of September 26, 2019.

(hereinafter “instant loan agreement” and “the instant loan” 5) Gangwon-do paid on behalf of the Plaintiff the amount equivalent to the interest calculated at the rate of 2% per annum from the date of the instant loan to December 20, 2014. (b) A’s credit guarantee agreement and the credit guarantee agreement issued pursuant to the instant credit guarantee agreement are as follows:

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