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(영문) 수원지방법원 2018.08.10 2016나60546
구상금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic facts Korea-Liz Co., Ltd (hereinafter referred to as "Korea-Liz") is the executor of the new construction and sale business of Gangseo-gu Busan Metropolitan Government and C ground D apartment (hereinafter referred to as "D apartment"), and the Young-gu Housing Co., Ltd. (hereinafter referred to as "Yi-J Housing") is the construction work of the above apartment.

The subjects of loans handled by "A" (hereinafter referred to as "A") under Article 1 (Subject Matter and Subjects of Loan) of the Business Agreement (hereinafter referred to as "B") shall be those who are recognized as eligible for loans from among "A".

Article 3 (Loan Interest Rate, etc.) (2) The loan interest rate for “B” is the preferential payment rate by the real estate mortgage loan up to the time of substitution.

Article 6 (Joint Guarantee) ① “B” and “B” are jointly included in all expenses incurred in relation to the principal, interest, overdue interest, legal procedures, etc. of “B” as indicated below.

(hereinafter omitted) Article 7 (Interest Guarantee) (1) “A party” (Plaintiff) shall jointly and severally guarantee the payment of interest with respect to the loan without a “state” as follows:

【Indication of Guarantee Obligation】

1. Obligor: A person who loans and handles “A” pursuant to the “Business Agreement” (Provided, That the description of individual borrowers shall be separately prepared);

2. Guarantee limit: Whole amount of interest and overdue interest under this Convention;

3. The term of guarantee: (2) Until the repayment of a loan or the completion of a secured loan by each debtor, the performance of a guarantee obligation; (3) In the event that a “B” or “B” fails to perform a guarantee obligation and the “B” or “B” performs a guarantee obligation instead of a guarantee obligation, the conditions required by the “B” or “B” should be accepted after the repayment of the PF loan by Busan PF in Busan.

Article 8 (Loss of Benefit of Time) (1) In any of the following cases, the benefit of time for loans shall be lost:

1. Reasons for loss of profit within the term of the basic terms of credit transactions;

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