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(영문) 서울중앙지방법원 2016.03.11 2015나61032
보증채무금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On October 7, 2004, the Defendant issued to the Plaintiff a credit guarantee certificate of KRW 144,500,000 (as of September 28, 2005, the Defendant changed the amount to KRW 130,050,000 according to the Defendant’s notice of change of the terms and conditions of credit guarantee (as of September 28, 2005, it changed to October 6, 2006 according to the Defendant’s notice of change of the terms and conditions of credit guarantee) on October 6, 2005 (as of September 28, 2005, according to the Defendant’s notice of change of the terms and conditions of credit guarantee, the Defendant issued a credit guarantee certificate of KRW 130,050,00,00 to the Plaintiff (as of September 28, 2005, TPA-204-00,000,000).

B. On October 7, 2004, the Plaintiff, with the limit of KRW 1,00,000,000 pursuant to the Credit Guarantee Certificate 1 of this case, carried out a general account loan (credit account number: 07418-20014).

C. On May 10, 2006, the Defendant issued to the Plaintiff a credit guarantee certificate of KRW 800,000,000 (as of May 9, 2008, the Defendant changed to KRW 720,00,000 according to the Defendant’s notice of change of the terms and conditions of the credit guarantee), construction of the surety, and May 9, 2007 (as of May 9, 2007, the change was made every year according to the Defendant’s notice of change of the terms and conditions of the credit guarantee, and the last change was made on May 6, 2011) with the method of guarantee, the collateral guarantee, the loan of the lending, the amount of loan, the amount of loan to KRW 1,50,00,00, the amount of loan to KRW 80% (HPA-206-0325, hereinafter “instant credit guarantee certificate”).

The second credit guarantee of this case shall be operated by subtracting the balance of the principal obligation from the guarantee limit of this guarantee certificate until the principal obligation balance to be borne by the defendant is repaid pursuant to the old letter of guarantee (TPA-2004-01426, and the first credit guarantee certificate of this case) (hereinafter referred to as the "special agreement") and the Convention on the Operation of Electronic Guarantee, etc. (hereinafter referred to as the "Agreement") 60 days as stipulated in Article 3 (1) of the Terms and Conditions, and the first loan is executed pursuant to this letter of guarantee.

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