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(영문) 광주지방법원 2015.01.07 2014나50339
보증채무금
Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be revoked.

Reasons

1. Basic facts

A. B Co., Ltd. (formerly: C Co., Ltd.; hereinafter the same does not apply) was under way to carry out the construction work of the shipbuilding yard (hereinafter the “the shipbuilding yard in this case”). However, E (B’s representative director I) concluded a contract with the F Co., Ltd. (F) with respect to the contract amount of civil engineering work and construction work during the construction work of the shipbuilding yard in this case from July 31, 2007 to December 31, 2008.

B. B entered into a credit guarantee agreement with the Defendant on December 27, 2007 in order to secure a guarantee of KRW 8,000,000,000, which will be borrowed from the Plaintiff in connection with the construction of the shipbuilding yard in this case (hereinafter “the instant credit guarantee agreement”), and entered into a credit guarantee agreement under the said agreement (hereinafter “the instant credit guarantee agreement”), and the back of the instant credit guarantee agreement, the following terms and conditions of the guarantee agreement (hereinafter “the instant security acquisition agreement”).

1. Loaning according to the present guarantee document after setting up a first-class mortgage of at least 10 billion won on the land (the details of its own tax are omitted) on 55 lots, which is the land of the shipbuilding yard of this case;

2. Four cases of a factory building to be built on the shipbuilding site of the instant shipbuilding site [the full termination of this guarantee by acquiring additional security above 10.4 billion won and above 10.4 billion won upon completion of the instant shipbuilding site]

C. On December 28, 2007, the Plaintiff provided the credit guarantee certificate of this case to B as security and provided the loan amounting to 8,000,000,000 to August 29, 2008, with a maturity of 8,000,000 to 8,00,000 per annum, 8.3% per annum, and 19% per annum for delay damages (hereinafter “the loan of this case”). The loan of this case was deposited into the F’s deposit account that received a contract for civil engineering works and construction works among the construction works of this case in accordance with the delegation of B.

The Plaintiff and B shall enter into an additional loan transaction agreement on August 29, 2008, which is the expiration date of the loan period for the instant loan.

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