beta
Text
The instant lawsuit is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Facts of recognition;
A. B Loans and the Plaintiff’s joint and several sureties 1) Dong Bank Co., Ltd. (hereinafter “Dongnam Bank”)
corporation B (hereinafter referred to as “B”)
(A) On September 29, 1995, the Plaintiff entered into a bill transaction agreement on September 29, 1995, and entered into a monetary loan agreement on March 25, 1996 (hereinafter “first loan”) and converted USD 510,073.96 into a monetary loan agreement on March 25, 199, to KRW 400,000 (the amount converted to USD 784.20 per USD 1,00) (hereinafter “second loan”) (hereinafter “second loan”) and entered into an additional joint and several surety loan agreement on April 22, 1996 (hereinafter “third loan”) with the Plaintiff at an interest rate of KRW 300,00,000,00 (hereinafter “the second loan”) and the additional joint and several surety loan agreement on November 29, 1997 (hereinafter “the additional loan”) and the additional joint and several surety loan agreement on KRW 220,00,00 (hereinafter “the additional loan”) and the additional joint and several surety loan”).
Article 2(1) of the instant Additional Agreement (A2, A46) provides that “The repayment of principal and interest shall be paid in Korean currency (including damages for delay where payment is delayed) calculated by applying the standard trading rate for the date of actual payment (where payment is delayed, the date of payment delayed) on the basis of the amount not paid.”
3) On January 6, 1996 and April 20, 1996, C, which are joint and several sureties and other joint and several sureties, established the right to collateral with the maximum debt amount of 664,000 dollars for each possession of each immovable property, and on May 23, 1996, C entered into a contract to change each of the above collateral security to the right to collateral security under Article 7 of the Factory Mortgage Act, and provided it as additional collateral under Article 7 of the Factory Mortgage Act at that time. B. The Defendant’s claim for the amount of collateral security was filed on June 29, 1998.