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(영문) 서울고등법원 2016.11.29 2016나2029706
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. 1) The Plaintiff is a special purpose company established for the purpose of acquiring securitized assets, managing, operating, and disposing of securitization assets under the Asset-Backed Securitization Act. 2) The Korea Trade Insurance Corporation (the Korea Export Insurance Corporation before the change) of the first instance trial is a corporation established under the Trade Insurance Act for the purpose of securing risks arising in connection with trade or other foreign transactions.

3) The Defendant is a corporation established under the Korea Technology Finance Corporation Act for the purpose of facilitating financing for enterprises by guaranteeing the liabilities of enterprises which lack security solvency. (b) Existing loans to the capital text of the new bank prior to the commencement of joint management procedures, and the credit guarantee of the Korea Trade Insurance Corporation and the Defendant 1) the new bank (hereinafter “new bank”).

Under the credit guarantee of the Korea Trade Insurance Corporation under the Credit Guarantee Agreement as follows, the Corporation (hereinafter referred to as the “CFT”) shall:

(B) A loan extended to the Plaintiff at an annual interest rate of KRW 500 million pursuant to a credit transaction agreement dated December 8, 2010 and as of May 30, 201 (hereinafter “construction guarantee loan”).

(B) The Korea Trade Insurance Corporation established a credit guarantee agreement of KRW 500,000 won guaranteed amount with respect to the construction guarantee loan obligation to the new bank of the Capitalex around that time.

2) The Defendant’s credit guarantee A) The New Bank set the interest rate of KRW 450 million as the rate of KRW 3.9% on the basis of a credit transaction agreement of September 14, 201 with each of the Defendant’s credit guarantees under the credit guarantee agreements as seen below, as follows: (a) the rate of KRW 450 million on the basis of a credit transaction agreement of September 14, 201; (b) the due date of payment; (c) September 13, 201; (d) the rate of KRW 90 million on the basis of a credit transaction agreement of November 21, 2008; (e) the interest rate of KRW 91 on the basis of a CD91.

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