(영문) 서울중앙지방법원 2015.07.23 2014나53829

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(영문) 서울중앙지방법원 2015.07.23 2014나53829

보증채무금

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1. Revocation of a judgment of the first instance;

2. The Defendant’s KRW 26,041,707 and KRW 23,923,461 among the Plaintiff and the Plaintiff’s KRW 23,923,461 on November 2012.

Reasons

1. Determination on the cause of the claim

A. The facts of recognition (1) on September 18, 2007, the Defendant entered into a credit guarantee agreement with the non-party company on the amount of KRW 32,400,000 for general corporate working capital 36,000,000 which the non-party company intends to obtain from the Plaintiff, up to September 18, 2008, with a guarantee rate of KRW 90% (hereinafter “credit guarantee agreement”) and issued a credit guarantee agreement with the non-party company on September 18, 2007. On December 24, 2007, the non-party company entered into a credit guarantee agreement with the non-party company on the amount of KRW 27,30,000 for general working capital 27,00,000,000 for which the non-party company seeks to obtain from the Plaintiff and issued the credit guarantee agreement to the non-party company as the credit guarantee agreement on the amount of KRW 24,20,000 for each of the credit guarantee agreements (hereinafter “the credit guarantee agreement”).

(2) The first credit guarantee letter issued by the Defendant as above stated in the letter of credit guarantee agreement as follows: “This letter of credit guarantee shall be 27,500,000 won of installment repayment as of September 15, 2007 and 10205049, September 15, 2007, the letter of credit guarantee shall be 8,700,000 won of installment repayment as of September 15, 2007.” The second credit guarantee letter shall be 102060208-208, 2000 won of installment repayment as of December 15, 2007, and the second credit guarantee letter shall be hereinafter referred to as “the letter of credit guarantee shall be 27,50,000 won of installment repayment as of December 15, 207.”

(3) The non-party company issued a guarantee under each of the credit guarantee agreements of this case to the Plaintiff, and extended the loan to the Plaintiff with the rate of 2.48% added to the standard loan interest rate of 36,000,000 won due on September 18, 2008 (general funds for business operation). The agreement set forth as “the rate of 2.48% added to 2.48% to the standard interest rate for the loan for the bound deposit certificate ( CDA)” and added to 2.61% to the standard interest rate of the negotiable deposit certificate (the rate of 27,00,000,000 won due on December 24, 2007.

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