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1. The Plaintiff:
A. As to Defendant B’s KRW 900,000,000 and its KRW 100,000,000 among them, Defendant B’s Co., Ltd. shall begin on December 7, 2009.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a stock company that runs coal trade business, etc., and Defendant D is its representative director, and Defendant C is its chief director.
B. On October 6, 2009, the Plaintiff loaned KRW 100,000,000 to the Defendant Company as a fund for the coal import business, and agreed to receive repayment at latest within two months after entering into the coal import contract if the investment amount enters or the coal is imported, and the loan is made from the Bank.
At the time, Defendant D and C guaranteed the obligation to the Plaintiff of the Defendant Company.
C. The Defendant Company received a performance guarantee from the Seoul Guarantee Insurance Co., Ltd. that imports coal from Vietnam and supplies it to the Korea Eastern Development Co., Ltd., and issued the performance guarantee to the Seoul Guarantee Insurance Co., Ltd. to secure the liability for indemnity against the Seoul Guarantee Insurance Co., Ltd. on December 15, 2009, the Plaintiff set up a collateral security right against the Seoul Guarantee Insurance Co., Ltd. on December 15, 2009 with respect to the land size of 3,103 square meters owned.
At the time, the defendant company agreed to terminate the above right to collateral security until December 23, 2009.
However, while the Defendant Company was not terminated the above collateral security, it was unable to supply coal to the Korea Western Development Co., Ltd., and thus, the Seoul Guarantee Insurance Co., Ltd. paid the contract deposit to the Korea Seocheon Development Co., Ltd. on October 28, 2010. The Plaintiff borrowed KRW 800,000,000 from Jungcheon Agricultural Co., Ltd. on October 28, 2010 to have the Defendant Company repay the liability for indemnity to the Seoul Guarantee Insurance Co., Ltd. on the other hand, and on October 29, 2010 to secure the above obligation for the above loan to Hancheon Agricultural Co., Ltd., the Plaintiff set up a collateral security on
On October 29, 2010, Defendant Company owes the above loan obligations between the Plaintiff and the Plaintiff until November 1, 2011.