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(영문) 서울중앙지방법원 2019.11.07 2018가단5210815
보증채무금
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) The Plaintiff entered into the instant credit agreement on February 20, 2014 (hereinafter “C”)

) A credit transaction agreement of KRW 450,000,000 for other fiscal facilities funds (hereinafter referred to as “the instant credit agreement”).

(2) On February 25, 2014, the Defendant concluded a credit guarantee agreement with D institutions established under Article 5(1) of the Act on the Credit Guarantee for Farmers and Fishermen who lack security capacity to guarantee the credit of farmers and fishermen, and entered into a credit guarantee agreement with C as “382,50,000 (85%) and with the guarantor as “C”, “five years from the date of loan”, “other financial facility loan”, “450,000,000” and “450,000,000”, and “the amount of the loan” as “the E, E,F, G, H, and I of the relevant facilities (including land, buildings, machinery, equipment, etc.) immediately after the establishment of the relevant facilities (hereinafter “the first credit guarantee agreement”).

3) On February 28, 2014, the Plaintiff secured the first credit guarantee agreement and offered KRW 450,000,000 to C (hereinafter “the first loan”).

B) Around March 2017, the Plaintiff concluded a credit transaction agreement with C (hereinafter “instant exchange agreement”) with a view to exchanging KRW 150,000,000 among the loans under the instant credit agreement.

2. The Defendant, on March 14, 2017, as “C” with the guaranteed amount of KRW 127,500,000,000, the guaranteed amount of KRW 85%, as “C”, as “two years from the date of loan”, as “J”, as “J”, as “150,000,000,” the guaranteed amount of loan,” and “approval of the terms and conditions of the repayment of the guaranteed amount of loan,” and this guarantee amount of the guaranteed amount: 382,50,000,000, the guaranteed amount of the guaranteed amount:

“A letter of credit guarantee” does not exceed the letter of credit guarantee stated.

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