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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. Business agreement between the Plaintiff and the Defendant B 1) The Plaintiff is a stock company that runs the housing construction supply and sale business and construction business. Defendant B (hereinafter “Defendant B”), and the name of the other stock company is omitted in the case of another stock company.
(2) On April 29, 2003, the Plaintiff and Defendant B entered into a business agreement with the Plaintiff to jointly and severally guarantee Defendant B’s loan obligations (hereinafter “instant business agreement”) in order to carry out the business of constructing and selling multi-family housing and neighborhood living facilities on the land (hereinafter “instant business”). In order to carry out the business of constructing and selling multi-family housing and neighborhood living facilities on the land (hereinafter “instant business”), Defendant B, as its executor, ordered the Plaintiff to contract the construction of the instant business, and the Plaintiff lent money to Defendant B in relation to the instant business promotion, and Defendant C and D (hereinafter “Defendant joint and several sureties”) concluded a business agreement with the Plaintiff to jointly and severally guarantee the Defendant B’s loan obligations.
B. 1) On May 29, 2008, the Han Bank and the Royang Group (hereinafter “Moyang”) regarding the project financing of the instant project related to the instant project.
B) Among Defendant B, the Plaintiff, and Korean Investment Securities, the lender extended a total of KRW 36 billion to Defendant B, the executor of the instant project, but the lender extended a total of KRW 16 billion (one bank KRW 16 billion and KRW 20 billion on the date of Royangyang). The Plaintiff, the contractor of the instant project, as the contractor of the instant project, jointly and severally guaranteed all obligations owed by Defendant B pursuant to the instant project and loan agreement (hereinafter “instant business and loan agreement”).
The main text of this Agreement has been concluded
Details are as follows:
In relation to the execution of the project of this case, Defendant B requested the lender to provide a loan within the extent not exceeding 36 billion won as the executor of the project of this case. The lender will provide the credit requested by Defendant B under the terms and conditions stipulated in this Agreement.