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(영문) 전주지방법원 2014.04.04 2013가합4981
손해배상(기)
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The facts below the basis facts do not conflict between the parties, or may be found in Gap evidence Nos. 1, 3, 4, 7, 9, 10, and Eul evidence Nos. 1 to 3 (including each number; hereinafter the same shall apply) by integrating the whole purport of the pleadings.

1) A credit guarantee contract and a loan 1) The Defendant is a stock company B (a mutual company C before the change; hereinafter referred to as “foreign company”).

) A loan from the Industrial Bank of Korea in the aggregate of KRW 1,380,000,000 (hereinafter “instant loan”) for facility funds on five occasions as shown below, but “the instant loan” is referred to as “the instant loan” when referring to the loan:

(2) The credit guarantee contract of this case (hereinafter referred to as the “instant credit guarantee contract”) shall be

(2) The Plaintiff jointly and severally guaranteed the indemnity liability under the instant credit guarantee contract. The Industrial Bank of Korea, while executing the instant loan, established each collateral security (hereinafter “instant collateral security”) on the second floor above the factory site of 1653m2, E, D, and the general steel-frame structure on the ground, and the second floor above the general steel-frame structure, general steel-frame and light steel-frame structure reinforced concrete roof factories (hereinafter collectively referred to as the “instant real estate”), which are located in the non-party company’s ownership, and the Defendant partially terminated the indemnity amount pursuant to the special agreement stipulated in the instant credit guarantee contract.

(2) On February 16, 2004, the remainder of the guarantee on the date and time of establishment of the right to collateral security (limited to the maximum amount of debt guarantee) and on the date and time of partial termination thereof (limited to the maximum amount of debt guarantee) shall be 10.38,00 on the date and time of establishment of the right to collateral security (limited to the maximum amount of debt guarantee) and the remainder of the guarantee on the date and time of partial termination thereof (limited to the maximum amount of debt guarantee).

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