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(영문) 청주지방법원 2016.11.30 2012가단26510
계약취소 등
Text

1. Of the instant lawsuit, the corporate division information and communications construction business between the Plaintiff and the Defendant B, which was concluded on January 27, 2010.

Reasons

1. Basic facts

A. On February 23, 2006, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement with Defendant B Co., Ltd. (hereinafter “Defendant B”) on the guarantee amount of KRW 255,00,000, and the guarantee period of the Defendant B’s loan up to February 23, 2007 (hereinafter “the first credit guarantee agreement”). Under the said guarantee, Defendant B obtained a loan from the national bank on February 23, 2007 (hereinafter “the first loan”).

B, Defendant B, the National Bank, and the Korea Technology Credit Guarantee Fund each year extended the payment period and the guarantee period by the end of February 17, 2011.

Article 22(1) of the former Credit Guarantee Fund Act provides that “The term of credit guarantee agreement shall be extended to Defendant B and the guaranteed amount shall be KRW 255,00,000, and the term of credit guarantee shall be extended to Defendant B” (hereinafter referred to as “the second credit guarantee agreement”) and “the term of credit guarantee agreement”) shall be extended to Defendant B and the guaranteed amount shall be 255,00,000, and the guarantee amount shall be extended to February 17, 2012.”

x. Under the above guarantee, Defendant B obtained from the National Bank on February 18, 201, the due date for payment from the National Bank on February 17, 2012, and disposed of the first loan obligation with a loan of KRW 300 million (hereinafter “the second loan”).

(v) Even after the extension of the due date and the due date for guarantee are extended, the Korea Technology Credit Guarantee Fund made a substitute payment of KRW 258,590,190 on June 25, 2012.

B. On January 27, 2010, the Plaintiff and Defendant B entered into a contract for the transfer and acquisition of the information and communications construction business (hereinafter “instant transfer contract”) that was acquired at KRW 22,50,000 as the acquisition price for Defendant B and the registration price for the information and communications construction business, and the down payment was determined at KRW 3,200,000.

dr.

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