logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2019.08.29 2018나80058
보증채무금
Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The plaintiff is a financial institution established under the Mutual Savings Banks Act, and the defendant is a non-profit corporation established under the Regional Credit Guarantee Foundation Act.

Article 3 (Adjustment of Terms)

2. The term “credit guarantee terms” means the creditors (Plaintiff) specified in the letter of credit guarantee, the guarantor, the guaranteed amount, the maximum amount of guaranteed liability, the term of guarantee, the method of guarantee, the subject of loan, the rate of guarantee and the special agreement for guarantee;

Article 5 (Establishment of Credit Guarantee Relationship) (1) The credit guarantee relationship under this letter shall be established only when all of the following subparagraphs are satisfied:

1. A loan shall be handled in compliance with the conditions of credit guarantee;

2. A loan shall be implemented after the date of notification of credit guarantee;

3.The loan shall be executed in whole or in part within 60 days from the date of notification of credit guarantee. Article 14 (Time of Claim for Performance of Guarantee Obligations) 3. If the debtor falls under any of the following subparagraphs, notwithstanding paragraph 1, he may request the performance of Guarantee Obligations.

3. Article 21 (Operation of Guarantee Special Agreement) (1) of the application for the commencement of rehabilitation proceedings is subject to this special agreement in preference to this Agreement.

② In carrying out the business of lending, acquiring collateral, etc., the Plaintiff shall perform the contents of the guarantee-based special agreement with a good manager.

Article 22 (Exemption) (1) The defendant shall not be held responsible for all or part of the guaranteed liability in any of the following cases:

4. Where he/she implements a loan, in violation of Article 5;

B. The Plaintiff entered into an agreement with the Defendant for the Microfinance lending (hereinafter “instant agreement”) and the key terms and conditions applicable to the said agreement (hereinafter “instant terms and conditions”) are as follows.

C. On April 8, 2016, the Defendant concluded a credit guarantee agreement with B pursuant to the instant agreement, and issued two copies of the credit guarantee agreement with the following contents on the same day.

(1) Guarantee number: C, guaranteed amount of KRW 14,250,000, representative D of the surety, and loan subjects.

arrow