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(영문) 서울남부지방법원 2020.01.21 2018가합111824
양수금
Text

1. The Plaintiff:

A. As to Defendant B’s KRW 3,130,409,737 and KRW 2,844,51,769 among them, Defendant B’s Co., Ltd. from July 21, 2018.

Reasons

1. Basic facts

A. G Co., Ltd. (hereinafter “G”) entered into a loan agreement with Defendant B (hereinafter “Defendant B”) as listed in the following table, and Defendant C jointly and severally guaranteed the guarantee limit of each loan agreement by Defendant D, E, and F as to the guarantee limit of each loan agreement.

Serial 21% per annum 134,000,000,000 per annum 21% per annum on March 21, 2012, 2013. 6. 4,50,000,000,000,000 for loans for common facilities of 1 company for delay on the date of the lending agreement for the maturity of the loans for the subjects, and 21% per annum 160,800,000 per annum 21% per annum on August 1, 2012 for loans for common facilities of 2 company for the extended loans for the extended period of time on April 6, 2012

B. On the other hand, among the terms and conditions of guarantee for each contract jointly and severally guaranteed by Defendant C, D, E, and F, the parts relating to the scope of the guaranteed obligation are as follows:

(2) Of the debtor's obligations to the bank, the following financial institutions or equivalent institutions shall be excluded from the scope of the guaranteed obligation under Paragraph (1) 1.

2. In relation to other security and guarantee agreements of the Credit Guarantee Fund under Article 3 of the Credit Guarantee Fund Act (1) in cases where the guarantor separately provides security or provides guarantee to the debtor's bank, such security or guarantee shall not be modified by this Credit Guarantee Agreement and shall be applied cumulative separately from the liability for such guarantee under this Agreement, unless otherwise agreed.

(2) Where a joint and several surety is provided at the same amount as security with respect to the same secured debt at the request of a bank in preparation for a decline in the value of security, and any of such joint and several surety is fully or partially performed, it shall be within the scope of such performance

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