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(영문) 창원지방법원마산지원 2014.04.02 2013가단16377
보증채무금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 12, 2002, the Korea Technology Credit Guarantee Fund issued a credit guarantee certificate with the amount of KRW 42,500,000,000 of the guaranteed principal and the guaranteed principal as of August 12, 2003 (the extension on three occasions thereafter on August 12, 2006) and the individual guarantee method, individual loan of the loan, general loan of the loan, the estimated amount of KRW 50,000,000, and the partial guarantee rate of KRW 85% (hereinafter “written guarantee”). On August 12, 2002, the Plaintiff loaned KRW 50,000,000,000 to B on August 12, 2003 (the expiration date of the credit period was extended on three occasions thereafter on August 12, 2006).

(hereinafter referred to as “first loan”). (b)

The defendant, on August 14, 2006, guaranteed principal KRW 42,50,000,000 of guaranteed principal, guaranteed principal, individual guarantee method, individual loan of loan subject, general loan of loan subject, amount of KRW 50,00,000,000,000 of loan, partial guarantee rate of KRW 85,000,000, and special terms and conditions, "1. This guarantee is guaranteed by the Korea Technology Credit Guarantee Fund to discharge the guaranteed obligation borne by the guarantee form.

2. The terms and conditions and special terms and conditions of this guarantee shall apply from the date of issuance of this letter, and shall apply to the terms and conditions and special terms and conditions of this letter of guarantee by the day before the date of issuance of this letter

3.In the event that the time limit for a non-performing loan (or payment guarantee) executed by the letter of guarantee is extended by this letter, this letter of guarantee shall be deemed to meet the requirements of paragraphs 1 and 3 of Article III of the terms and conditions.

The letter of credit guarantee issued as “the first letter of credit guarantee” (hereinafter “the letter of credit guarantee”) and the Plaintiff extended on August 14, 2006 the expiration date of the first loan to August 11, 2007 as security. (c) On August 13, 2007, the Defendant notified the Plaintiff on August 13, 2007 that the first letter of credit guarantee changed the term of guarantee to August 13, 2008, and the notice changed to the terms of credit guarantee to the effect that the term of guarantee was changed to August 13, 2008. The notice was “the term “the term of prohibition of exchange: the term of credit guarantee terminated,” with the same content as the former loan.

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