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(영문) 대구지방법원 2015.06.04 2014가합205120
양수금
Text

1. The Plaintiff:

A. As to KRW 1,169,958,925 and KRW 147,926,346, Defendant A Co., Ltd., from August 11, 2014.

Reasons

1. Facts of recognition;

A. Nonparty Daegu Bank Co., Ltd. (hereinafter “Tgu Bank”) granted loans totaling KRW 2.36 million to Defendant A (hereinafter “Defendant A”) as shown in the separate sheet No. 1 attached hereto (hereinafter “each of the instant loans”), and the interest rate on the loans shall be subject to the interest rate and delay damages rate determined by the Daegu Bank in accordance with the financial environment according to the terms and conditions of credit transaction as set forth in the Daegu Bank’s basic terms and conditions of credit transaction as a fluctuation rate, and the other terms and conditions that are not explicitly set forth at the time of each of the instant loans, such as loss of payment due, shall be governed by the said terms and conditions of credit transaction.

B. The network E and Defendant B made each joint and several surety (hereinafter “each joint and several surety of this case”) with respect to Defendant A’s respective loans (including interest and delay damages) as listed in the table below. The first head of the Labor Guarantee Contract prepared at that time indicates that “In relation to the performance of the guaranteed obligation, the provisions of the Bank Credit Transactions Basic Terms and Conditions and the transaction agreement on the guaranteed obligation which the obligor submitted to the bank separately, approves the application of each of the following provisions, and promises each of the following provisions.” The Credit Transaction Agreement provides that the obligor shall pay damages for delay which the obligor has to pay to the bank when it delays the discharge of the obligation to the bank. As such, the Defendant A’s delay damages rate for each of the loans of this case shall also apply to the net E and Defendant B’s joint and several surety obligations with respect to each of the loans of this case.

Attached Form

Guarantee Scope Guarantee Limit (1) 520,000,000 won (2) on September 12, 2008, the E-Comprehensive Guarantee 78,000,000 won on September 12, 2008, which is a joint and several surety (3) the date of guarantee of the No. 1 List No. 78,000,000 won on July 14, 2006, the E-Comprehensive Guarantee 78,000,000 won (4) on May 13, 2008.

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