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(영문) 인천지방법원 2019.01.08 2018나55558
보증채무금
Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 65,00,000 and KRW 49,98,751.

Reasons

1. Basic facts

A. On September 17, 2002, the Plaintiff (former Mutual Aid Company E) drafted a credit transaction agreement with the content that 50,000,000 won shall be 18% per annum, 25% per annum, 25% per annum, and due date for repayment as of September 17, 2003 (hereinafter “instant credit transaction agreement”), and the loan under the instant credit transaction agreement was made (hereinafter “instant loan”). The “debtor” of the instant credit transaction agreement bears the signature and seal of D, and the “joint guarantor” bears the Defendant’s signature and seal.

The guarantor shall be jointly and severally liable with the debtor for all the obligations within the scope prescribed in Article 1 to which the debtor bears the obligation to E, and shall approve the basic terms and conditions of credit transactions by mutual savings banks and each of the provisions of the transaction agreement concerning the obligation to be guaranteed after the debtor separately submitted to E, and promise to each of the following provisions:

Article 1 (Contents of Surety Obligation) (1) The surety shall bear the surety obligation for the following matters:

1. Name of the debtor: D resident registration number:

2. The scope of the guaranteed obligation E shall include the obligation (including interest, damages for delay, and other incidental obligation) set forth in the limited collateral guarantee among them, explaining that one of the types of specific debt guarantee, specific collateral guarantee, limited collateral guarantee, and comprehensive collateral guarantee may be selected by the guarantor, and the guarantor shall guarantee the obligation as provided in the limited collateral guarantee;

3. Maximum debt amount: 1.0 million won;

4. A guarantor shall choose one of the four types, such as future designation type, automatic final type, designated type, and corporate employment officers, in the term for the settlement of accounts for the guarantee of good office, and the guarantor shall choose one of the four types, and the date determined in the future designation type, in the term for the settlement of accounts;

B. On the same day, the Plaintiff prepared a letter of guarantee (N) with respect to the instant loan of D (hereinafter “instant letter of guarantee”) as follows, and the letter of guarantee of this case.

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