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(영문) 서울중앙지방법원 2018.04.26 2017가합503963
채무보증계약 무효 확인청구의 소
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1. All of the plaintiffs' claims are dismissed.

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

Reasons

1. Basic facts

A. Plaintiff B (hereinafter “Plaintiff B”) is a company that mainly engages in loan arrangement and loan brokerage business, and Plaintiff A is a representative of Plaintiff B.

The defendant is a company established for the purpose of installment financing business, facility leasing business, credit loans, or secured loan business.

B. On July 2012, Plaintiff B proposed to the Defendant a “broad transport business entity loan” and concluded a loan recruitment service consignment agreement for the said loan products and continued three community bus transport business entities, such as D.

C. On November 30, 2012, the Defendant: (a) executed a loan of KRW 1.8 billion to a bus transport business entity C with a village bus company; (b) delayed the repayment of the loan; (c) planned to recover the claim through the sale of the company; (d) the Plaintiff, who was in a business partnership relationship with the Defendant, presented terms, such as deferment of redemption of principal and interest rate for the existing installment loan for a certain period of time; and (e) additional loan of KRW 170 million for the replacement of CNG bus payments, and proposed C acquisition.

On February 21, 2013, Plaintiff B entered into a contract for stock and business transfer and takeover with C major E and F, and acquired C’s stocks and management rights. On the same day, the Defendant additionally loaned C the total amount of KRW 170 million (the amount of the loan increased from KRW 1.763 billion to KRW 1.933 billion) and reduced the interest rate from KRW 8.5% per annum to KRW 7.5% per annum, and changed the terms and conditions of the loan to postpone the repayment of principal for six months with respect to the loan of KRW 1.63 billion under equal terms and conditions for repayment of principal, and the Plaintiffs guaranteed the above loan to the Defendant.

(hereinafter “instant joint and several sureties contract”). D.

However, the management status of C was not improved even after the acquisition by the Plaintiff B, and the Plaintiffs, upon consultation with the Defendant, filed a motion for rehabilitation with the District Court on August 2013.

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