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(영문) 서울중앙지방법원 2016.08.26 2015가합577342
보증금
Text

1. The Defendant’s KRW 1,699,030,000 for the Plaintiff and 4.84% per annum from May 15, 2014 to August 26, 2016.

Reasons

1. Basic facts

A. The non-party joint farming association (hereinafter “non-party joint farming association”) requesting the Plaintiff to implement a new construction project of a fish farm in the corporation of the non-party joint farming association and to grant a loan to the Plaintiff, promoted the business of newly building a fish farm (hereinafter “the instant double farm”) on six parcels of land (hereinafter “the instant land”), including 10,369 square meters in the land A farm site, B B, 1,555 square meters in the land, C, C, 841 square meters in the land, D 859 square meters in the land, D 306 square meters in the land, E, 306 square meters in the land, and 1,206 square meters in the F, and requested the Plaintiff to complete the registration of ownership transfer on May 28, 2013 with respect to the instant land, while requesting the Plaintiff to grant a loan required for the new construction of the fish farm site.

B. The Defendant’s credit guarantee 1) A non-party corporation requested a credit guarantee to the Defendant to obtain a loan from the Plaintiff, and the Defendant, on June 3, 2014, requested a credit guarantee from the Plaintiff and the other party to the guarantee, including the Plaintiff, the non-party corporation, the guarantor non-party corporation, the term of guarantee, individual guarantee on June 3, 2014, the amount of guarantee, the amount of loan to be provided, the amount of loan KRW 5 billion, the amount of guarantee KRW 100,000, and the amount of guarantee KRW 5 billion (hereinafter

(2) The term “instant letter of credit guarantee” (hereinafter referred to as “instant letter of credit guarantee”)

(2) The instant guarantee agreement contains the following conditions of guarantee (hereinafter referred to as the “instant guarantee agreement”).

[A building stipulated in paragraph (2) of the instant guarantee agreement refers to the building "the instant building", and the machinery stipulated in paragraph (3) of the instant guarantee agreement (the machinery specification: 4 dong) referred to as the "the instant mountain village company"] 1. Places of business (the location of the site: Gyeonggi-do Si A, B, C, D, E, and F) is set up with a first priority mortgage of at least 60 million won for the land at the place of business (the location of Gyeonggi-do) and then the loan and treatment under this guarantee agreement;

2. The location of a building among the relevant facilities (referred to as "place": A, B, C, D, E, and F of Seocheon-si in Gyeonggi-do) shall be immediately examined and the first priority mortgage shall be established over 60 million won, notwithstanding the appraised value and the appraised value of the security;

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