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(영문) 서울중앙지방법원 2017.08.24 2017나5760
보증채무금
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

Facts of recognition

On February 22, 2013, the Defendant entered into a credit guarantee agreement with the Gold Plant Co., Ltd. (hereinafter referred to as “gold Plant”) with the content that the Defendant guarantees the principal and interest of KRW 1,200,000 as loans of KRW 1,080,000 to the National Bank Co., Ltd. (hereinafter referred to as “National Bank”), and issued a credit guarantee agreement with the National Bank on the same day (hereinafter referred to as “the instant credit guarantee agreement”).

On February 22, 2013, the main contents of the credit guarantee terms and conditions issued by the Plaintiff to a national bank are as follows:

Article 5 (Guarantee Special Agreement) (1) of the Credit Guarantee Clause is applied in preference to this Clause.

If an obligee is unable to accept a guarantee agreement, the obligee shall not execute a guarantee non-loan.

(4) In conducting business of lending, acquiring collateral, etc., a creditor shall perform the contents of a special agreement for guarantee with the care of a good manager.

Article 6 (Special Agreement on Guarantee for Facility Funds) (2) If the special agreement for guarantee requires the termination, the creditor shall terminate the guarantee above the required amount to be terminated by the special agreement for the guarantee, regardless of the appraisal of the facility and the assessed value of the security.

Article 7 (Establishment of Credit Guarantee Relationship) (1) Credit Guarantee Relationship under a Credit Guarantee Certificate shall be established only when the following requirements are satisfied:

1. The loan shall be handled in compliance with the conditions of credit guarantee. Article 23 (Exemption) (1) The new letter shall not assume responsibility for all or part of the guaranteed obligation in any of the following cases:

1. Where a person has violated a guarantee special agreement, he/she has performed a loan in violation of Article 7 (Establishment of Credit Guarantee Relationship), and the land and buildings of the place of business under a guarantee condition (1): he/she shall remain across the boundary of the building;

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