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(영문) 서울동부지방법원 2017.05.25 2014가합105330
대여금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

Basic Facts

The defendant, who entered into a written agreement, borrowed the name of the plaintiff and received a credit guarantee from the Korea Technology Credit Guarantee Fund due to the difficulties in concluding a credit guarantee agreement with the Korea Technology Credit Guarantee Fund due to the credit, etc., and asked the plaintiff to name the loan.

1. The Plaintiff received a loan from the Korea Technology Credit Guarantee Fund in the name of the Plaintiff from the Korea Technology Credit Guarantee Fund to pay the full amount of the loan to the Defendant as the Defendant’s debt amount.

Documents necessary for loans shall be submitted to the Plaintiff and the Korea Technology Credit Guarantee Fund.

2. The Plaintiff shall pay the full amount of the loan immediately after the payment of the loan by the Korea Technology Finance Corporation to the Defendant’s debt, and the Defendant shall be liable to the Defendant for 1% fee of the old KRW 9,400,000 ( KRW 940,000) for the loan to the Defendant, and all the loan interest and additional expenses incurred each month, and shall be paid to the Plaintiff not later than the day prior to the payment day.

Accordingly, on December 30, 2010, the Plaintiff entered into an agreement with the Defendant with the following content (hereinafter “instant agreement”).

On December 31, 2010, the Plaintiff entered into a credit guarantee agreement with the Korea Technology Finance Corporation (hereinafter “instant credit guarantee agreement”) in accordance with the said agreement, and the Defendant jointly and severally guaranteed obligations under the said credit guarantee agreement.

(1) On October 7, 201, the Plaintiff was issued a letter of credit guarantee from the Korea Technology Credit Guarantee Fund as “the amount of guarantee KRW 940 million, and the term of guarantee until December 27, 2011,” in accordance with the said credit guarantee agreement. The Plaintiff was granted a loan of KRW 940 million from the new bank (hereinafter “new bank”) for the purpose of corporate driving funds, with a loan of KRW 94 million from the new bank (hereinafter “new bank”).

b.0.0 c.

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