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(영문) 수원지방법원 2015.09.04 2013나46396
보증채무금
Text

1.The judgment of the first instance, including a claim added and reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Facts of recognition;

A. 1) The Plaintiff Co., Ltd. (formerly: D Co., Ltd.; hereinafter “B”)

(B) After entering into a credit transaction agreement with B as shown in the table below, loans and guarantee payment (hereinafter “instant loans, etc.”) shall be referred to as “the instant loans, etc.”, and when referred in total, “each of the instant loans, etc.” shall be referred to.

(2) The Defendant, the representative director of B, around the date of the occurrence of the obligations, such as each of the instant loans, etc., as indicated in the following table, has comprehensively guaranteed all other obligations, etc. arising from the current and future credit transactions against the Plaintiff. According to the agreement between the Plaintiff, B, and the Defendant, the expiration date of the credit period for each of the instant loans, etc. was stated in the credit period as listed below, and in the net credit period, the first credit period was 1 billion won as of May 29, 2007, 1.3 billion won as of May 18, 2012, 40 billion won as of June 7, 2007, 2007, 1.5 billion won as of May 18, 2007, and 1.5 billion won as of June 21, 2007, 2000 won as of June 5, 2012, 1.5 billion won as of the first credit guarantee date.

On August 25, 2008, KRW 17% on 15, 2013, KRW 780 million on February 15, 2013, KRW 500 million on ordinary working capital loans of KRW 40 million on May 20, 2009, KRW 18% on May 18, 2012, KRW 1.0 billion on general working capital loans of KRW 5 billion on May 3, 2012, KRW 1.18% on June 30, 2009, KRW 1.3 billion on June 30, 2012.

3) Meanwhile, on May 25, 2007 and June 30, 2009, B owned on June 30, 2009, member E-gu Seoul Special Metropolitan City Council land E, 3,430.6 square meters and above ground factory buildings (hereinafter referred to as “E real estate”).

On May 24, 2002, in order to secure the loans owed to the Bank, the first priority joint collateral was created on May 24, 2002, with a maximum debt amount of 1.5 billion won, and the loans and other obligations arising from credit transactions with the Plaintiff are comprehensively secured.

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