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(영문) 서울중앙지방법원 2018.11.13 2017가단5182135
보증채무금
Text

1. The Defendant’s KRW 741,359,884 and, among them, the Plaintiff:

A. From April 26, 2017 to October 12, 2017, KRW 180,000.

Reasons

1. Facts of recognition;

A. On July 11, 2016, the Defendant issued a credit guarantee agreement with the New Settlement Co., Ltd. Committee (hereinafter referred to as the “New Settlement Co., Ltd.”), and concluded an electronic guarantee agreement (hereinafter referred to as the “New Settlement Co., Ltd.”) with the content that the Defendant guarantees the Plaintiff’s obligation to the non-party company within the limit of 90%, including ① the guaranteed amount of KRW 180 million, the estimated amount of the loan amount of KRW 200 million, the guaranteed amount of KRW 90 million, the guaranteed amount of KRW 90 million, KRW 90 billion, the guaranteed amount of the loan amount of KRW 90 billion, KRW 90 billion, the guaranteed amount of the loan amount of KRW 90 billion, and KRW 90,00, July 111, 2024, and each of the instant guarantees (hereinafter referred to as “each of the instant guarantees”).

B. The Plaintiff’s loan to Nonparty Company applied for a loan to the Plaintiff on the basis of each of the instant guarantee certificates as security for factory installation funds at the site of the workplace located in the area of the 18-21, YY, YY, YY, YY, YYY, YYY, YYY, YYY, YY, YY, YY, YY, YY, YY, YY, YY, YYY, YYY, YYY, YYY, YY, YYY, YY, YY, YY, YY, YY, YY, YY, YY, YY, YY, YYY, YY, YY, YY, 200,000 won on July 11, 2016.

(hereinafter referred to as “second loan”). (c)

The occurrence of a guarantee accident, the non-party company claiming the deposit against the defendant, paid interest on the first loan until December 10, 2016 and interest on the second loan until December 30, 2016, respectively, and lost the benefit of time due to the delay in payment of interest thereafter.

Accordingly, on April 26, 2017, the Plaintiff notified the Defendant of the occurrence of a guarantee accident stipulated in the credit guarantee terms and conditions, and the Plaintiff totaling KRW 735,30,000,000 (= KRW 55,30,000,000) of the principal of each guarantee (i.e., KRW 180,000,000) and interest until April 25, 2017.

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