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(영문) 부산지방법원 동부지원 2018.07.11 2017가합208
보증채무금
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1. The defendant shall pay 1.8 billion won to the plaintiff and 17% per annum from December 30, 2016 to the day of complete payment.

Reasons

1. Facts of recognition;

A. 1) Co., Ltd. B (hereinafter “Nonindicted Company”)

(2) On November 20, 2015, the loan transaction agreement between the Plaintiff and the Plaintiff stipulates that the loan limit of KRW 3 billion, the loan maturity of KRW 3 billion, the interest rate of KRW 7% per annum on November 20, 2016, and the rate of KRW 10% per annum from 17% per annum above the maximum damages rate of KRW 90 per annum, and the rate of KRW 10 per annum from 90 days in arrears (hereinafter “instant loan”).

In accordance with the loan agreement of this case, the Plaintiff loaned a total of 3 billion won to the non-party company (on November 20, 2015, KRW 554 billion KRW 500,000 KRW 14,60 million on December 3, 2015). 2) The date of preparation of the loan transaction agreement of this case was “the date of preparation of the loan transaction agreement of this case” and “the general limit on the loan item”, “the general limit on the loan item”, “the interest and late payment rate for each overdue period” were written by C in charge of the loan business of this case, and “the amount of the limit on loan amount” and “the representative director of the non-party company who received the basic terms and conditions of the new loan agreement of this case and any other contents of the written confirmation clearly” were sufficiently explained by the Defendant as follows.

3) The Defendant registered as the representative director of a non-party company from June 18, 2014 to June 18, 2017. (B) On the same day, the Defendant concluded a collateral guarantee agreement (hereinafter “instant guarantee agreement”) with respect to the obligation to return loans that the non-party company would bear pursuant to the instant loan agreement, with the guarantee limit amount of KRW 3.9 billion, and with respect to the obligation to return loans, the Defendant entered into a collateral guarantee agreement (hereinafter “instant guarantee”).

2 The key guarantor of the instant guarantee letter refers to “A”, “B”, “B-T-T-T-T-T-T-T-A301,” “B-T-T-T-T-A-T-T-T-T-T-S-A-T-T-T-A301,” the type of the key guarantee, “Korea-S-S-S-S-S-S-S-S-S-S-S-S-

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