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(영문) 서울중앙지방법원 2020.01.10 2019가합555623
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 18, 2015, C Co., Ltd. (hereinafter “C”) entered into a contract for the supply of PC as set forth in the contract amount of KRW 3,080,000 (including value-added tax) and the contract period from June 18, 2015 to December 31, 2015, with respect to the production and supply of PC with D Co., Ltd. (hereinafter “D”).

B. On November 4, 2015, D entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with F Co., Ltd. (hereinafter “F”), setting the credit transaction agreement as a loan for corporate purchase of loan subjects, the amount of credit limit (950,000,000 won), April 30, 2016 on the expiration date of the credit period, and a year 7.893% per annum of the interest rate, the fixed interest rate, and the fixed interest rate in Korean won loan (hereinafter “the instant credit transaction agreement”).

C. On November 4, 2015, the Plaintiff: (a) determined the maximum guarantee amount as KRW 1,140,00,000; (b) determined the scope of the guaranteed obligation as “D’s all obligations that D owes to F in the present and future due to transactions under the instant credit transaction agreement (if the repayment date or transaction period of the agreement is extended with the consent of the guarantor, including such obligation)”; and (c) agreed to provide joint and several surety by determining the period for the settlement of the collateral guarantee as the “ future-designated type” (hereinafter “instant contract”); and (d) written guarantee for the probation term (hereinafter “instant contract”).

Since then, D and F entered into an additional credit transaction agreement (hereinafter “the instant additional agreement”) with the effect that the credit limit amount is reduced to KRW 700,000,000 as a result of extending the expiry date of the credit period of the instant credit transaction agreement on August 30, 2016, but the interest rate is raised to KRW 8.594% per annum 1 year and 8.594% of the fixed interest rate in Korean won loan (hereinafter “instant additional agreement”).

E.F, as D was in arrears in paying the principal and interest of the loan and lost the benefit of time for the loan obligation, F entered into an asset acquisition agreement with G Co., Ltd. on June 2, 2017 under the Asset-Backed Securitization Act, and F and G.

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