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(영문) 서울중앙지방법원 2014.05.30 2012가합102396
대여금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 167,528,00 and Defendant A Co., Ltd. from January 9, 2013.

Reasons

1. Basic facts

A. On September 6, 2012, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant A”), with KRW 3,486,272,00, KRW 176,168,00 in operating credits, KRW 256,20,00 in operating credits, KRW 250,00 in notes, and KRW 244,000 in bill notes, and the period of the agreement was from September 7, 2012 to September 6, 2015 (hereinafter “instant credit transaction agreement”). Defendant B jointly and severally guaranteed Defendant A’s obligation under the instant credit transaction agreement.

The main contents of the instant ceiling trading agreement and the Plaintiff’s basic terms and conditions of business transactions are as follows.

Article 1 (Establishment of Agreement) (1) of the Agreement on Limit Trade (Establishment of Agreement) The agreement for business transactions with the Union (Plaintiff) shall be concluded by approving that the basic terms and conditions of business transactions apply, and submitting them to the Plaintiff with its name and seal or signature affixed thereon.

Article 4 (Liability of Joint and Several sureties) (1) Joint and Several sureties (Defendant B) shall assume the same obligation and responsibility as that of the contractee (Defendant A) against the plaintiff, and shall not assert that the joint and several sureties will repay their obligations in equal installments.

Article 8 (Loss of Time and Preliminary Reimbursement) (1) of the General Terms and Conditions for Business Transactions (Definition of Time Benefit and Preliminary Reimbursement) (1) In the event that any of the following events occurs to Defendant A, as a matter of course, shall lose the benefit due to all obligations to be borne by the Plaintiff

6. When it is deemed that the failure to pay national tax local taxes or the Plaintiff’s claim may be infringed upon upon upon upon upon the Plaintiff’s claim from the secured creditor. ② In the event that any of the following events occurs to Defendant A, the Plaintiff shall request a private suit for a fixed period of not less than ten days, and after the lapse of the period, he/she shall pay the Plaintiff the obligation immediately after he/she has lost the interest due

7. Other conditions of credit significantly worsen, thus allowing continuous transactions.

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