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(영문) 서울서부지방법원 2017.05.11 2016가합38764
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The facts under the basis of facts may be established either in dispute between the parties or in combination with the whole purport of the pleadings in each entry in Gap evidence 1 to 7.

The defendant entered into a credit guarantee agreement and the joint and several surety shall enter into a credit guarantee agreement (hereinafter referred to as the "credit guarantee agreement of this case") with B Co., Ltd. (hereinafter referred to as the "Nonindicted Co., Ltd."), and issued a guarantee of guarantee of credit guarantee for the guaranteed portion of the loan debt of the non-party company as follows:

The Plaintiff jointly and severally guaranteed all obligations owed by the non-party company to the Defendant pursuant to the instant credit guarantee agreement.

The amount of loan guaranteed by the Nos. 1 (1) loan guaranteed by the Guarantee No. 2009-01-28 1,300,000,000 975,000,000 after 2010-01-27, 201.

D Enterprise Purchase Fund Loans (Temporary Redemption) 2 (No. 2) D Enterprise 2010-03-121, 2000,000,192,000,000 192,000,201-07-13 Enterprise Purchase Fund Loans (No. 3) E 2010-03-12,58,000,400 470,400,000 201-03-1203-121, 203-121, 2003-121,200,000,000 960,000,000-11-203-11, small and medium enterprise Purchase Fund Loans (No. 105,205-10,005-20,005-11,005-205-11,05-206).

B. Under an agreement of indemnity and loan 1) If the non-party company loses the benefit of time for the loan granted as a security by the above guarantee, and the defendant discharges the guaranteed obligation, the non-party company agreed to pay the defendant the amount of subrogation and the amount of damages for delay in accordance with the interest rate and other incidental obligations determined by the defendant from the date of performance to the date of full payment. 2) The non-party company received a loan from each of the above guarantee certificates as security.

C. The occurrence of a credit guarantee accident and the Defendant’s subrogation on February 28, 201 for each of the above loans.

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