(영문) 대구지방법원 2017.11.02 2017가단112369

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(영문) 대구지방법원 2017.11.02 2017가단112369

보증채무금

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. (1) On June 10, 2004, the Plaintiff (hereinafter referred to as “B”) shall be the Plaintiff.

(2) On August 30, 2004, the Defendant issued a letter of credit guarantee, which is the guarantor, issued on August 29, 2005 the amount of the loan, KRW 750,00,000, the amount of the loan, KRW 85%, the amount of the loan, KRW 85%, and the amount of the credit guarantee as the guarantor, until June 10, 2005.

B. 1) The Plaintiff entered into an additional agreement on September 21, 2004 and June 10, 2004, which increases the credit limit of the loan from KRW 500 million to KRW 1.6 billion, and on June 15, 2005, extended the above loan period to December 12, 2005. 2) The Defendant extended the guarantee period of August 30, 2004 to August 29, 2006.

C. 1) On December 13, 2005, the Plaintiff entered into an additional transaction agreement between B and the Plaintiff on September 21, 2004 (the annual ceiling on loans extended on June 10, 2004) with a transaction addition agreement extending the time limit for loans until August 29, 2006. Around August 29, 2006, the balance of the above loans was KRW 362,085,920. (2) The Defendant issued a credit guarantee agreement between the Defendant and the principal of the guarantee on August 29, 2006, KRW 637,50,000,000, the amount of loans extended until August 28, 2007, KRW 850,000,000,000, and KRW 75%, which is the guarantor.

(3) The Plaintiff is a credit transaction agreement between the Defendant’s credit guarantee and B on August 29, 2006 with a limit of 1.6 billion won and the term of credit extended until August 28, 2007. The Defendant’s credit guarantee is the credit transaction of this case (hereinafter “the credit transaction of this case”).

The term of payment for the existing loan was extended in operating the same account number as the credit transaction agreement of June 10, 2004.

Since then, the Plaintiff continued to extend the credit term for the instant credit transaction, and the Defendant extended the credit guarantee term for the instant credit guarantee.

E. B was in arrears with interest arising from the instant credit transaction from March 2016, and the Plaintiff on July 5, 2016.

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