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(영문) 서울중앙지방법원 2017.03.30 2016나42984
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

[Claim]

Reasons

1. Determination as to the cause of claim

A. 1) On January 29, 2010, the Plaintiff loaned KRW 50,000,000 to A by setting the time limit on January 28, 201 (hereinafter “instant loan obligations”). The Plaintiff borrowed KRW 50,000,00 to A (hereinafter “instant loan obligations”).

(2) On the same day, the Defendant’s credit guarantee business trustee (hereinafter “the credit guarantee certificate of this case”) that the instant loan obligation is guaranteed in accordance with the terms and conditions of the credit guarantee (the amount of the credit guarantee of this case 40,000,000,000, the amount of the loan, 50,000,000, the amount of the loan, 80%, and January 28, 2011; hereinafter “the credit guarantee certificate of this case”).

According to the terms and conditions of credit guarantee. A, a guarantor, caused a credit guarantee accident, such as failure to pay the principal or interest of the guaranteed loan on the agreed date, and the Plaintiff’s notification date expires, the Defendant is obliged to pay to the Plaintiff the principal and attempted interest not exceeding the guaranteed amount multiplied by the guaranteed ratio, and certain expenses for recovery of claims, etc. (ii) A, on April 1, 2010, converted “B” he operated into B, a corporation (hereinafter “stock company”), a corporation, “B,” thereby converting the name on December 19, 201, into “B,” a corporation, thereby having the said company take over the instant loan obligations, and jointly and severally guaranteed the said loan obligations.

3) The Plaintiff extended the time limit for the instant loan obligation by one year. On April 12, 2013, the Plaintiff extended the time limit for the instant loan obligation and the time limit for the credit guarantee from January 27, 2013 to January 27, 2014. On the same day, the Plaintiff terminated the joint and several guarantee contract for D, remaining as a joint and several surety among A and D where the said joint and several surety was a joint and several surety. Although A actually operates the said company as the representative director of the Nonparty Company, D did not participate in the management of the said company, the Nonparty Company was unable to repay the principal and interest of the instant loan without paying only the interest until January 28, 2014.

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