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(영문) 서울중앙지방법원 2019.05.01 2018가단5016563
보증채무금
Text

1. The Defendant: (a) KRW 220,00,000 for the Plaintiff and KRW 3.986% per annum from July 26, 2017 to January 31, 2018; and (b) the Plaintiff.

Reasons

1. Basic facts

A. On February 4, 2010, the Defendant entered into a credit guarantee agreement with A Co., Ltd. (hereinafter referred to as “A”) on the part of the Plaintiff, method of guarantee, individual guarantee of loan, loan of small and medium enterprises, guarantee amount of KRW 255,00,00, and guarantee period of KRW 250,000, and a credit guarantee agreement on February 3, 2012, the estimated amount of loan of KRW 300,000,000, and the guarantee rate of KRW 85%, and issued a written credit guarantee (hereinafter referred to as “written first guarantee”).

On February 5, 2010, the Plaintiff entered into a credit transaction agreement between A and A with a credit amount of KRW 300,000,000, and the expiration date of the credit as of February 3, 2012, and loaned KRW 300,00,000 to A.

(hereinafter referred to as "first credit agreement"). (b)

On February 2, 2012, the Defendant entered into a credit guarantee agreement with A and the guaranty counterpart with the Plaintiff, the method of guarantee, individual guarantee loans for small and medium enterprises, the guaranteed amount of KRW 255,00,000, the term of guarantee on February 1, 2013, the estimated amount of loan of KRW 300,000,000, and the term of guarantee of KRW 85%, and issued a credit guarantee agreement accordingly (hereinafter referred to as “second guarantee agreement”).

On February 3, 2012, the Plaintiff entered into an additional arrangement to change or add the terms and conditions of transaction with A on February 1, 2013, changing the expiry date of the credit extension of the Credit Agreement with A on February 3, 2012.

(hereinafter referred to as "first amendment agreement"). (c)

However, on March 16, 2012, the Plaintiff entered into a credit transaction agreement with A as of February 1, 2013, with a credit amount of KRW 300,000,000, and with a loan of KRW 300,000 to A as of February 1, 2013 (hereinafter “the second credit agreement”), and made a repayment with a loan appropriated for the repayment of obligations under the first credit agreement. D.

On January 31, 2013, the Defendant entered into an agreement with A to change the term of guarantee from February 1, 2013 to January 29, 2014, as well as an agreement to change the term of guarantee from January 2013 to January 29, 2014, and accordingly, entered into an agreement to extend the term of guarantee to six consecutive times from May 24, 2017.

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