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(영문) 서울고등법원 2016.06.10 2015나2026274
대여금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On December 22, 2010, A entered into a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the Il Savings Bank Co., Ltd. (a company engaged in financial business, etc. under the Mutual Savings Banks Act, which was declared bankrupt by the Seoul Central District Court 201Hahap96, Sept. 7, 2012, and the Plaintiff was appointed as a trustee in bankruptcy on the same day. The Plaintiff was appointed as the trustee in bankruptcy; hereinafter “ Il Savings Bank”) whereby the credit amount is 670,000,000 won, the expiration date of the credit period is December 22, 2011; 11% per annum; and 25% per annum.

B. At the time of the conclusion of the instant credit transaction agreement, B, C, and D (A) concluded a joint and several surety agreement with the Korea Savings Bank with the limit of KRW 938,00,000 with respect to all obligations to be borne by A under the credit transaction agreement with the Korea Savings Bank.

C. At the time of entering into the instant credit transaction agreement, the Defendant’s certificate No. 1, stating that the Defendant’s joint and several guarantee claim against A, the debtor, at the time of entering into the instant credit transaction agreement, set forth the limit as KRW 938,00,000.

5. However, the column for the approval of the Japanese Savings Bank and the column for the approval of the counselor was official, and the special agreement under Article 2 (a guarantee obligation under this Guarantee Agreement is separate from the warranty liability of the collateral provided by the principal) is also the signature of the guarantor separately prepared on the right side.

hereinafter referred to as “instant guarantee agreement”

[] Around June 2005, the Defendant prepared and submitted it to the Japanese Savings Bank. On the other hand, the Defendant’s real estate located in Incheon F, which was owned with B and C at the time for the purpose of securing the obligation owed by A to the Japanese Savings Bank (hereinafter “instant real estate”).

As to the maximum debt amount of KRW 840,000,000 (hereinafter “instant mortgage”) with respect to the right to collateral security (hereinafter “instant maximum debt amount”).

(2) Around March 2014, the auction procedure for the instant real estate was conducted, and the said real estate was established.

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