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(영문) 서울동부지방법원 2017.08.31 2017가합100695
양수금
Text

1. The Plaintiff shall be jointly and severally with limited liability company B, and the selector shall be KRW 1,889,114,291, and one thousand and two of them shall be deemed as having been paid by the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 14, 2006, the Han Bank Co., Ltd. (hereinafter “Co., Ltd.”) and the Incorporated Co., Ltd. Company B (hereinafter “Co., Ltd.”) entered into a credit transaction agreement with the Non-Party Co., Ltd. to lend won currency and foreign currency to the Non-Party Co., Ltd. (hereinafter “Non-Party Co., Ltd.”) and the Non-Party Co., Ltd. Co., Ltd. (hereinafter “Non-Party Co., Ltd.”). Accordingly, Han Bank loaned KRW 90 million to the Non-Party Co., Ltd.

B. At the time of the above credit transaction agreement, the non-party company provided the Han Bank with nine parcels of land (hereinafter “the instant real estate”) outside 15,041.9m2, Jeonnam-gun, Jeonnam-gun, as collateral, and the defendant (the appointed party; hereinafter “the defendant”; the defendant and the appointed party together with the defendant and the appointed party “the defendant”) jointly and severally guaranteed the above loan obligation of the non-party company.

(Appointedr: A comprehensive continuing guarantee; Defendant: a limited collateral guarantee of KRW 1.287 billion, which shall not exceed the limit of KRW 1.287 billion.

On August 19, 2009, the Han Bank extended the due date for repayment on January 19, 2010 with the amount of credit limit of 620 million won to the non-party company. On January 25, 2010, the amount of total credit limit of 1.54 billion won was set as the due date for repayment again on April 19, 2010.

(hereinafter “instant loan”). On the other hand, the Defendants jointly and severally guaranteed the instant loan obligations arising from the extension of the maximum amount and the extension of the maximum transaction period on January 25, 2010.

In the event that the non-party company did not repay the loan of this case even after the maturity date for the loan, one bank applied for an auction to exercise the security right on the real estate of this case and received a voluntary decision to commence the auction on May 31, 2010 (Yanju District Court Decision E).

【F, E (Du), G, H (Joint), I (Joint), and J (Joint) due to the duplication and consolidation of the following cases (hereinafter “auction case”). E.

The Han Bank is proceeding with the auction case.

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