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(영문) 대구지방법원 2019.05.16 2018나311034
구상금
Text

1. The part against the defendant in the judgment of the first instance is revoked.

2. The plaintiff's claim against the defendant is dismissed.

3...

Reasons

1. Basic facts

A. The Plaintiff is a non-profit special corporation established under the Credit Guarantee Fund Act for the purpose of facilitating the financing of enterprises by guaranteeing the debt of an enterprise which lacks security capability, and A is a corporation established for the purpose of running a gold business on October 12, 2015, and B is a representative director of A, and the Defendant is referred to as B.

B. The Plaintiff entered into a credit guarantee agreement (hereinafter “the instant credit guarantee agreement”) as listed in the following table in order to secure the performance of the obligation owed by the E Bank Co., Ltd. (hereinafter “E Bank”) and F Co., Ltd. (hereinafter “F Bank”), and the Plaintiff borrowed a total of KRW 700 million from E Bank and F Bank under the instant credit guarantee agreement.

After that, the term of guarantee under the credit guarantee agreement No. 1 No. 1 listed below was extended until July 14, 2017, and the term of guarantee under the credit guarantee agreement No. 3 extended until December 12, 2017. The guarantor of the credit guarantee agreement No. 1 listed above was the first individual enterprise of B, but was changed from G to H.

Serial No. 11,00,000 won (general loans) from 1 G (H) a financial institution with a extended time limit of guarantee (guarantee ratio) (H) on July 16, 2015, 2015 (85% of loans) 42,500,000 won (limited to loans) on July 15, 2016, 200,000 won (95% of loans) from 11,000,000 won on December 14, 2015, 200,000 won (95% of loans) from 30,000,000 won from 13,000,000 won (general loans) from 1, 2015,000,000 won (9,000,000 won from 9,000,000 won in total) from 1,14, 2015.

C. B was jointly and severally guaranteed by the Plaintiff as to A’s indemnity liability against the Plaintiff under the instant credit guarantee agreement.

According to the credit guarantee agreement of this case, when the debtor violates the principal obligation.

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