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(영문) 서울중앙지방법원 2016.04.06 2015가단5283447
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The defendant's credit guarantee letter and special terms and conditions 1) The defendant is the defendant's corporation et al. (hereinafter "non-party company").

B) As to January 20, 2014, with the guaranteed principal of KRW 900 million and the term of guarantee as until January 20, 2014, a credit guarantee agreement was concluded between the Plaintiff and the non-party company’s debt guarantee obligations for corporate facility loan to the Plaintiff, and on January 21, 2013, a credit guarantee agreement (TAV-2013-0022, hereinafter “1 credit guarantee agreement”) was concluded with the Plaintiff.

(i) Issuing the first credit guarantee agreement. The terms and conditions of the first credit guarantee agreement are as follows (hereinafter referred to as “special agreement”):

(i) land at the place of business (where it is located: Pyeongtaek-si A/Dong B/Dong C, at least 2.5 billion won and at least 2.2 billion won, to be loaned and treated under the present letter of guarantee after the establishment of the first mortgage;

2. At least 630 million won shall be terminated in accordance with the Factory and Mining Foundation Mortgage Act (including land and machinery at a workplace) by establishing a first-class collective security (including land and machinery at a workplace) with at least 2.5 billion won, notwithstanding the execution of appraisal and the appraised value of the building which is the relevant facility.

2) On January 20, 2014, the Defendant entered into a credit guarantee agreement between the Nonparty Company and the Non-Party Company with the guarantee principal of KRW 990 million, and the guarantee term as until January 20, 2014, to guarantee the Plaintiff’s obligations for general corporate facility loans, and on January 21, 2013, the Defendant entered into a credit guarantee agreement with the Plaintiff (TVA-2013-0023, hereinafter “second credit guarantee agreement”).

(2) The term “special agreement to provide credit guarantee” (hereinafter referred to as “special agreement to provide credit guarantee”) as follows:

(i) land at the place of business (where it is located: Pyeongtaek-si A/Dong B/Dong C, at least 2.5 billion won and at least 2.2 billion won, to be loaned and treated under the present letter of guarantee after the establishment of the first mortgage;

2. 1, batch batch 1, 1 set, 16 set, catch catch catch catch cather, 16 set, catch catch catch catch cather, the facility in question, 1.5 tons, 2 set, cat cat cat 2 set, cat cat cat cat cat 6 tons, and factory operation.

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