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(영문) 대전지방법원 2017.05.19 2016나111223
보증채무금
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Basic facts

A. As between October 15, 2014 and A, the Plaintiff agreed that the interest rate of KRW 10 million (hereinafter “the first loan”) plus 7.47% on the base interest rate (2.81% at the time of the loan), the damages for delay plus 7.47% on the basis of the base interest rate (2.81% at the time of loan), 23% per annum if the delay period is less than one month, 24% per annum if the delay period is less than one month but less than three months, 25% per annum if the delay period is more than three months, 25% per annum if the maturity period is more than three months, and 8.9 million won (hereinafter “second loan”) as of October 15, 2019; 10.28% per annum if the delay period is less than one month; 23% per annum if the delay period is less than three months but less than three months per annum, 25% per annum, and 2015 (hereinafter “the respective agreement”).

B. On October 15, 2014, the Defendant concluded a credit guarantee agreement between the Plaintiff and A to guarantee the principal and interest of the instant loan No. 1 with the rate of 90%, and the Defendant’s credit guarantee agreement to guarantee the principal and interest of the instant loan from October 15, 2014 to October 15, 2019 (hereinafter “instant credit guarantee agreement”). The Defendant concluded a credit guarantee agreement between the Plaintiff and A to guarantee the principal and interest of the instant loan No. 2 by setting the guarantee rate of 90%, and from October 15, 2014 to October 15, 2019 (hereinafter “instant credit guarantee agreement”).

The Plaintiff secured each credit guarantee agreement of this case and loaned KRW 18.9 million ( KRW 8.9 million) to A in accordance with each of the loan agreements of this case.

C. The Plaintiff entered into a contract with the Defendant for the entrustment of part of the Defendant’s credit guarantee and the management of accidents involving credit guarantee. According to this, the Plaintiff, a trustee, is obligated to report to the Defendant when a credit guarantee accident occurred in relation to the entrusted duties, or when all or part of the guaranteed obligations are extinguished.

On the other hand, the contents of each credit guarantee agreement in this case.

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