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(영문) 서울중앙지방법원 2016.07.13 2016나10345
정산금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. B, the representative director of A (hereinafter “A”) concluded a comprehensive collateral security agreement with the Industrial Bank of Korea on the loans to the Industrial Bank of Korea, and concluded the Industrial Bank of Korea on July 29, 199 on ① the establishment registration of a mortgage over the maximum debt amount of KRW 22,8 billion on July 29, 199, ② the establishment registration of a mortgage over the maximum debt amount of KRW 200 million on September 26, 2003, ③ the establishment registration of a mortgage over the maximum debt amount of KRW 30 million on October 6, 2005, ④ the establishment registration of a mortgage over the maximum debt amount of KRW 360 million on June 26, 2007, respectively, with the establishment registration of a mortgage over the maximum debt amount of KRW 300 million on June 26, 2007.

(hereinafter “each of the instant mortgage”). B.

The Industrial Bank of Korea made loans to A as follows, using the loan course as small and medium enterprise loan, and the Plaintiff entered into a credit guarantee agreement with A on the loans Nos. 2,3,4,9 below (the foregoing loan and loan No. 10 plus the above loan and the loan No. 10 collectively referred to as "guarantee subsidiary loan"; hereinafter referred to as "the six loans of this case"), and B jointly and severally guaranteed the obligation of indemnity to be borne by A against the Plaintiff.

on April 16, 200, 300,000 neighborhood living facilities of KRW 315,00,000 on June 23, 2006, and the amount of credit guarantee of KRW 252,00,000 on December 14, 207 (80%) 30,000,000 credit guarantee of KRW 85,00,000 (85%) 10,000 on December 14, 207 (85%) 6. 30,00,000,000 credit guarantee of KRW 25,00,000,000 on January 30, 200, 200, 2005, 205, 30,000 credit guarantee of KRW 225,00,000 (75%) on credit guarantee of KRW 5,00,000 on May 18, 2011.

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