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(영문) 서울중앙지방법원 2018.12.20 2018가단5031043
보증채무금
Text

1. The plaintiff's lawsuit against the defendant B shall be dismissed.

2. Defendant C pays KRW 2,513,817,548 to the Plaintiff.

3...

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D bank”) entered into three credit transaction agreements with E Co., Ltd. (hereinafter “E”) and borrowed each corresponding amount (hereinafter “each of the instant loans”), and the Defendants jointly and severally guaranteed each of the above loans.

(1) Credit extension period: (2) Credit extension period: 6 billion won from April 25, 2007 to April 25, 2008. (4) Credit interest rate: 17% per annum if the overdue period is less than 3 months: 19% per annum if the overdue period is less than 3 months, 19% per annum. (3) Credit implementation agreement (2) Credit operation loan (1: 200 billion won per annum: 10 billion won: 20 billion won per annum from April 25, 2007 to 208.

B. After that, the first credit transaction agreement extends the credit period to August 23, 2011, and the second credit transaction agreement reduced the credit amount to KRW 830 million and changed to the extension of the credit period to August 23, 2011.

C. On June 7, 2011, E filed an application for rehabilitation with the Ulsan District Court 201 Gohap12, and received a decision to commence rehabilitation procedures on July 19, 201 from the rehabilitation court and a decision to authorize the rehabilitation plan on May 17, 2012.

According to the authorized rehabilitation plan, the part of the rehabilitation creditor D Bank is about the rehabilitation creditor.

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