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(영문) 대전지방법원 2013.08.14 2013가합892
보증채무금
Text

1. The defendant shall jointly and severally pay KRW 936,00,000 to the plaintiff with the non-party C corporation.

2. The costs of the lawsuit are assessed against the defendant.

Reasons

Facts of recognition

The Korea Savings Bank (hereinafter referred to as the “Korea Savings Bank”) is a company with the purpose of credit business, credit installment savings business, loan business, etc., and the defendant is a person who purchased a house site from the non-party C (hereinafter referred to as the “non-party C”) who operated a housing development business in the Goyang-gu Seoul Metropolitan City B.

On June 29, 2007, Korea Savings Bank entered into a credit transaction agreement with the non-party company on June 29, 2007 with a loan of KRW 450 million, interest rate of KRW 12% per annum, delay damages rate of KRW 23% per annum (hereinafter “the instant credit transaction agreement”). On the same day D entered into a limited collateral guarantee agreement with the non-party company on the debt of the instant credit transaction agreement with the Han Savings Bank within the limit of KRW 50 million for the non-party company to the Han Savings Bank.

On June 30, 2008, Korea Savings Bank extended the maturity date of the instant credit transaction agreement with the non-party company on June 29, 2009. On the same day, E, the representative director of the non-party company, as the representative director of the non-party company, additionally guaranteed the debt of the instant credit transaction agreement to Korea Savings Bank, entered into a comprehensive guarantee contract for joint and several guarantee within the limit of 585 million won for the non-party company to Korea Savings Bank, and Korea Savings Bank extended the maturity date of the instant credit transaction agreement with the non-party company on June 29, 2010.

On February 19, 2009, the defendant entered into a limited collateral guarantee contract between the Korea Savings Bank and the non-party company's Korea Savings Bank to provide a joint and several surety within the limit of KRW 936 million with all debts owed in the present and future to the Korea Savings Bank.

(hereinafter “Joint and Several sureties.” Nonparty Company: (a) on July 22, 201, the Korea Savings Bank and loans amounting to KRW 800 million; (b) on July 22, 201, the due date; (c) interest rate of 12% per annum.

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