(영문) 서울중앙지방법원 2018.01.23 2017가합561662

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(영문) 서울중앙지방법원 2018.01.23 2017가합561662

채무부존재확인

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Bank of Korea's loans to B and the Plaintiff's joint guarantee 1) Industrial Bank of Korea on April 27, 1995

(3) A loan of KRW 300,000,000 per annum and KRW 7.5% per annum and KRW 18% per annum to the Fund for Local Restructuring Facilities (hereinafter “instant loan”).

The plaintiff guaranteed 390,000,000 won on the same day, and the joint and several sureties for the above loan obligations (hereinafter "joint and several sureties of this case") are joint and several sureties.

(2) According to each agreement between the Industrial Bank of Korea and B and the basic terms and conditions of bank credit transactions, if B delays the performance of its obligations, the Bank shall lose its interest during the period, and shall pay the balance of the borrowed amount, but if the overdue interest rate of the Industrial Bank of Korea is changed due to a change in financial circumstances, the Bank shall pay compensation for delay in accordance with the changed interest rate. The foregoing overdue interest rate of the Industrial Bank of Korea shall be 18% per annum until December 16, 1997; from December 17, 1997 to December 29, 1997; 25% per annum from December 30, 197 to August 30, 198; 24% per annum from August 31, 198 to October 6, 1998; and 19% per annum from August 19 to 24, 198.

3) However, B did not repay only KRW 90,00,000 out of the loan principal until June 23, 1997 with respect to the loan of this case and lost the benefit of time by delinquency in payment of the remaining loan principal amounting to KRW 210,00,000,00 and interest thereon. (B) The Korea Asset Management Corporation acquired the loan of this case and the joint and several surety claim from the Industrial Bank of Korea on March 18, 1998, and the Industrial Bank of Korea notified the transfer of the above credit to B, a principal debtor, and received the notification thereafter.

2. The Industrial Bank of Korea shall set up a collateral security right to secure the debt of the instant loan, as C.

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