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(영문) 서울중앙지방법원 2015.05.20 2015나235
대여금반환
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

Facts of recognition

On September 19, 2007, the Plaintiff concluded a credit transaction agreement with A Co., Ltd. (hereinafter referred to as “Nonindicted Company”) on September 19, 2007, setting the period of repayment as the loans for corporate ordinary capital (hereinafter “instant loan transaction”) and extended KRW 950 million to the Nonparty Company.

After that, the Plaintiff and the non-party company concluded a loan agreement again by setting the maturity on a one-year or six-month basis, without realizing funds, according to the details of partial repayment by the non-party company during the time the maturity of the loan transaction in this case arrives.

On March 17, 2011, the Plaintiff entered into a loan agreement with the non-party company on September 17, 201, setting the loan amount of KRW 870 million and the due date for repayment as of September 17, 201.

(2) On March 17, 201, the Plaintiff concluded a loan agreement again with the non-party company on March 17, 201 (hereinafter “instant loan agreement”). At the same time, the non-party company’s representative director B and the Defendant, a director, jointly and severally guaranteed the obligation under the loan agreement as of March 17, 201, and at the same time, concluded a comprehensive collateral guarantee agreement with the non-party company as of KRW 1.31 billion, and the Defendant entered into a limited collateral guarantee agreement with the non-party company as of the instant loan transaction (hereinafter “instant collateral guarantee agreement”). On September 7, 2011, the Plaintiff re-entered the loan agreement with the non-party company as of March 17, 201 (hereinafter “the instant loan agreement”). The Plaintiff modified the instant comprehensive collateral guarantee agreement as to the instant loan agreement between the non-party company and the non-party company as of March 17, 2012, as the limited collateral agreement between 1.5 billion won and each of the instant loan agreement.

The Plaintiff did not perform the obligation under the loan agreement on September 7, 201, and was Nonparty 1 as of November 14, 201.

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