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(영문) 창원지방법원 2017.04.13 2016가단116292
구상금
Text

1. The defendant shall be the plaintiff.

(a) Within the limit of KRW 166,00,000 and KRW 88,867,790 among them shall be limited to KRW 95,912,00 and KRW 88,867,790 among them.

Reasons

1. Basic facts

A. 1) The Plaintiff, upon the Plaintiff’s request for a guarantee from B running D, is only the Gyeongnam Bank Co., Ltd. (hereinafter “Gyeongnam Bank”) in accordance with the Plaintiff’s request for a guarantee from D.

(2) On October 15, 20109, on June 2019, 2008, the credit guarantee agreement was concluded with a credit guarantee agreement with the following contents as to receiving a loan, and issued a credit guarantee agreement to the Gyeongnam Bank (hereinafter “each credit guarantee agreement of this case”) (hereinafter “the credit guarantee agreement of this case”), and the credit agency 1 E 127,50,000,000 of the first credit guarantee term loan of the date of guarantee of guarantee amount of guarantee amount of guarantee amount of guarantee amount, and the credit agency at the Gyeongnam Bank, Gyeongnam Bank, Gyeongnam Bank, Gyeongnam Bank, Gyeongnam Bank, on June 19, 2008.

2) The Defendant and C agreed to jointly and severally guarantee the obligation under each of the instant credit guarantee agreements (However, the agreement was concluded to set the maximum amount of the guaranteed obligation as KRW 100,000 in relation to the 2 credit guarantee agreement). Based on each of the above credit guarantee agreements, B borrowed KRW 127,50,000 in relation to the 1 credit guarantee agreement from Gyeongnam Bank, and KRW 76,50,000 in relation to the 2 credit guarantee agreement.

3. ① The Defendant entered into an agreement with the Plaintiff to change the terms and conditions of the credit guarantee to extend each year from around 2008 to around 2013 regarding the first credit guarantee agreement. Accordingly, the term of the guarantee in relation to the first credit guarantee agreement was finally extended until September 13, 2014, and the first credit guarantee agreement was finally concluded to limit the maximum amount of the guarantee obligation to KRW 166,000,000. ② The Defendant entered into an agreement to change the terms and conditions of the credit guarantee in relation to the second credit guarantee agreement from around 2009 to December 2, 2013.

As above, each of the credit guarantee agreements at the time of the amendment to each of the credit guarantee agreements in this case.

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