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(영문) 서울중앙지방법원 2018.10.19 2017가단5116688
보증채무금
Text

1. The Defendant’s KRW 42,500,000, as well as the Plaintiff’s KRW 2.4% per annum from December 27, 2016 to June 28, 2017.

Reasons

1. Basic facts

A. On March 11, 201, the Plaintiff granted a loan (hereinafter “instant loan”) of KRW 50,00,000 to A Co., Ltd. (hereinafter “Co., Ltd.”) for a period fixed on February 28, 2013 (hereinafter “Co., Ltd.”). The Defendant issued a credit guarantee certificate (hereinafter “the instant credit guarantee”) by setting the amount as KRW 42,50,000 to guarantee the instant loan obligations within the limit of 85% on March 4, 2011, with a view to guaranteeing the instant loan obligations within the limit of 85%.

B. Around February 22, 2013, the Defendant sent to the Plaintiff a notice of change of the term of credit guarantee to “27, 2015,” and on February 27, 2013, the Plaintiff entered into an additional agreement to change or add the terms and conditions of credit guarantee (hereinafter “the first amendment agreement”). (c) Around February 27, 2015, the Defendant notified the Plaintiff of change of the term of credit guarantee to “27, 2017.” On February 27, 2015, the Plaintiff entered into an additional agreement to change the terms and conditions of credit guarantee to “27, 2017.” Around February 27, 2015, the Plaintiff changed the term of credit guarantee to “27, 2017.”

On the other hand, around February 27, 2015, the Plaintiff discovered the fact that the expiration date of the first modified agreement was indicated as February 25, 2015, and entered into an additional agreement with the non-party company on the modification or addition of the terms and conditions of transaction by extending the maturity date of the instant loan agreement to two days until February 27, 2015.

E. On December 28, 2016, the non-party company did not pay interest only until December 28, 2016, thereby losing the benefit of the due date. Accordingly, on March 8, 2017, the Plaintiff notified the Defendant of the occurrence of a credit guarantee accident and requested the performance of the guaranteed obligation, but the Defendant rejected the performance of the guaranteed obligation.

(f).

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