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(영문) 서울중앙지방법원 2014.08.28 2013가합539940
보증채무금
Text

1. The Defendant’s KRW 198,00,000 for the Plaintiff and 6% per annum from September 10, 2013 to August 28, 2014.

Reasons

1. Facts of recognition;

A. On December 27, 2011, the Plaintiff entered into a contract for the purchase of the first type of electric device control tower board from Dongyang Mccoon Co., Ltd. (hereinafter “Dongyang Pccoon”) to KRW 2,178,00,000 (including value-added tax). On December 30, 2011 and December 31, 2011, the Plaintiff paid 217,80,000 won (including value-added tax) to the Dongyang Mccoon character as the down payment and advance payment (in advance).

B. In order to guarantee the refund of the aforementioned advance payment, the Dongyang character requested the Defendant to issue a guarantee certificate for payment. Accordingly, on January 31, 2012, the Defendant (the branch of the Stabilization Corporation) issued and issued a certificate of payment guarantee (hereinafter referred to as “instant guarantee certificate”) stating that “the obligor: the obligor: the obligor: the obligor: the obligor: 198,00,000,000, the date of guarantee: January 31, 2012 through November 30, 2012; the time of the performance of the guaranteed obligation: (i) the transaction suspension of the clearing house; (ii) the performance of the guaranteed obligation even before the expiration of the guarantee period, only upon the application for the commencement of bankruptcy or rehabilitation procedures; and (iii) the period for the performance of the guaranteed obligation: the period for the performance of the guaranteed obligation: (iii) the period for the performance of the guaranteed obligation, if the Plaintiff did not request the performance of the guaranteed obligation from the Plaintiff within two months after the guarantee date.”

C. The East Memmetric was liable for the settlement of the said payment between Taeea Co., Ltd. on March 7, 2012 with respect to the transaction of electronic sales credit, but the maturity of March 7, 2012, but failed to pay the said payment.

However, even if the price is not paid in transactions related to electronic sales claims, it is not subject to a disposition of suspension of transactions.

On March 13, 2012, the Plaintiff asked the Defendant whether the Defendant could receive a security deposit in accordance with the instant payment guarantee letter at the Defendant’s branch office in training Dong, on the grounds that the Dong-dong character failed to pay the price as above, and sent the instant payment guarantee letter by facsimile to the Defendant.

The defendant's training ..

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