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(영문) 수원지방법원평택지원 2015.02.06 2014가합2770
약정금
Text

1. The Plaintiff:

A. As to the KRW 1,765,653,193 and the KRW 1.266 billion among them, Defendant A shall be from May 10, 2014 to July 1, 2014.

Reasons

1. Basic facts

A. On December 29, 2005, the Plaintiff received from the Defendants on December 29, 2005 the registration of the establishment of a mortgage on D forest No. 21,646 square meters jointly owned by the Defendants, with respect to the maximum debt amount of KRW 1.820,000,000,000 from the Defendant A

(hereinafter “instant collateral security”). B.

On December 29, 2005, the Plaintiff drafted a probation guarantee of the following contents between Defendant B and Defendant C on the same day, respectively; and a probation guarantee of the same content as Defendant C on the same day:

(hereinafter referred to as "each of the instant collateral guarantees"). A joint and several surety shall be jointly and severally liable with the debtor for the obligations prescribed in Article 1 that the debtor bears in the present and in the future against the partnership, and the surety of Article 1 (1) of the guaranteed obligation shall bear the guaranteed obligation according to the following:

1. Debtor: Name A (Defendant A);

2. The scope of surety obligation: The Union shall explain that any of the three types of debt (including interest, damages for delay, and other incidental obligation) set forth in the limited collateral security may choose a guarantor, which differs from the scope of the surety obligation, and the surety shall guarantee the obligation (including interest, damages for delay, and other incidental obligation) set forth in the limited collateral security among them:

3. The maximum amount of collateral guarantee;

(a) 1.820 million won;

B. The initial amount of credit was set on the basis of the three-dimensional limit.

I, for this reason, not interpret this contract as a specific debt guarantee contract.

4. A contract for the settlement of accounts for the settlement of accounts for the guarantee of good offices has explained that any of the three types (designated type, automatic final type, future designation type) set forth in the following settlement term, and the guarantor will make the date set in the future designation type to the settlement term:

Future designation type: not specified.

In such cases, after three years from the date of the guarantee agreement, the guarantor may designate the period for settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of the settlement of settlement.

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