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Reasons
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(영문) 창원지방법원진주지원 2016.03.11 2015가단35467
보증채무금
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1. The instant lawsuit shall be dismissed.

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

Reasons

1. Facts of recognition;

A. The Plaintiff’s claim 1) On July 29, 2009, the Plaintiff is the Korea Freezing and freezing Co., Ltd. (hereinafter “Korea Free Trade Association”).

B) As between the Plaintiff and the non-party company, the Plaintiff entered into a loan agreement with the terms of lending KRW 200,000,000 from July 31, 2009 to July 30, 2012, setting the lending period of KRW 5.17% per annum, and interest interest rate of KRW 12% per annum. On July 31, 2009, the Plaintiff lent KRW 200,000 to the non-party company. On July 31, 2009, the Defendant jointly and severally guaranteed against the Plaintiff the obligation of the non-party company to the loan amount of KRW 240,00,000 (hereinafter “the instant claim”).

(2) On February 22, 2012, upon delay in repayment of principal and interest, the non-party company lost the benefit of time on February 22, 2012, and on July 30, 2015, the Plaintiff’s claim amount against the non-party company as of July 30, 2015 is the principal amount of KRW 197,878,776, interest amount of KRW 9,042,08, subrogated payment of KRW 1,001,380, overdue interest of KRW 100,156,575, total of KRW 308,079,

B. On August 29, 2008, the non-party company was decided to commence rehabilitation procedures on June 26, 2009 (the Changwon District Court Decision 2008 Gohap6), and was decided to discontinue rehabilitation procedures on July 25, 2014 (the Changwon District Court Decision 2014Hahap11), and was decided to commence bankruptcy on September 15, 2014 (the defendant was decided to commence individual rehabilitation on October 24, 2008), and was decided to authorize a rehabilitation plan on July 17, 2009 (the Changwon District Court 2008 Ma6), and was decided to grant a rehabilitation plan on August 19, 2014 (the defendant was decided to grant a rehabilitation decision on August 23, 2014) and entered the decision to grant a immunity on July 23, 2014 (the plaintiff's decision to grant a immunity on July 15, 2014).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 3 and 5, the purport of the whole pleadings

2. Determination on the legitimacy of a lawsuit

A. The plaintiff alleged by the parties in this case against the defendant.

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