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(영문) 서울중앙지방법원 2018.01.11 2017가단5182494
보증채무금
Text

1. The Defendant: (a) KRW 1,296,273,254 to the Plaintiff and KRW 6% per annum from July 21, 2017 to September 28, 2017; and (b) September 29, 2017 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff, including the parties, is a juristic person established by the Korea Technology Credit Guarantee Fund established pursuant to the Korea Technology Credit Guarantee Fund Act, regardless of whether it was before or after the merger (hereinafter “Plaintiff”), and the Defendant is a juristic person established pursuant to the Korea Technology Credit Guarantee Fund Act.

B. The Plaintiff’s loan and the Defendant’s credit guarantee (1) on February 18, 2010, the Plaintiff entered into a credit transaction agreement with Sorac Korea Co., Ltd. (the trade name at that time was changed to Sorack Korea Co., Ltd., Ltd., and thereafter was merged on July 3, 2012; hereinafter “ Sorack”), which set forth 6 billion won of the lending limit of trade bills, the lending period at KRW 16 billion, February 16, 2011, and interest fluctuation rate (AB04%) on February 16, 2012, the Plaintiff extended the lending period on February 16, 201 to February 16, 2012, and changed the interest rate at February 15, 2013 to 2013, and then 208.254% of the lending market interest rate at 204% on July 29, 2012.

(2) On the other hand, on February 18, 2010, the Defendant entered into a credit guarantee agreement with Sorarik as the surety on February 16, 201 with the guarantee term of KRW 6 billion on the guarantee term, and on February 16, 2011, changed the guarantee term to KRW 5.4 billion on February 16, 201, and thereafter changed the guarantee term to KRW 5.4 billion on February 16, 201.

C. On November 29, 2012, according to the former Corporate Restructuring Promotion Act and the "Agreement on the Management of the Creditor Bank Council", six creditor financial institutions, including the Plaintiff and the Defendant, have commenced the joint management proceeding with respect to Sorarack.

(Omission) (2).

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