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(영문) 서울중앙지방법원 2014.05.14 2012가단5086768
보증채무금
Text

1. The defendant shall be the plaintiff.

A. From September 7, 2011 to August 10, 2012, KRW 2,156,972,589 and KRW 850,500 among them.

Reasons

1. Facts of recognition;

A. On January 27, 2010, the Defendant entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with A on a fixed date on January 24, 202 with A, 1.277 billion won, 95% of the amount of credit guarantee, and the term of guarantee (hereinafter “credit guarantee agreement of this case”) and issued a credit guarantee agreement of this case (hereinafter “credit guarantee certificate of this case”).

On February 12, 2010, the Plaintiff entered into a credit transaction agreement with A with a maximum amount of KRW 1.34 billion as collateral for the credit guarantee certificate of this case (hereinafter “the first credit transaction agreement of this case”) and loaned KRW 1.34 billion to A according to the base rate.

B. On September 17, 2010, the Defendant entered into a credit guarantee agreement (hereinafter “credit guarantee agreement of this case”) with Korea Co., Ltd. (hereinafter “Nonindicted Company”) with a credit guarantee amount of KRW 945 million, KRW 90 million, KRW 90%, and the term of guarantee on September 16, 2020, and issued a credit guarantee agreement of this case (hereinafter “credit guarantee agreement of this case”) with a non-party company.

On October 8, 2010, the Plaintiff entered into a credit transaction agreement with the non-party company with a maximum amount of KRW 1.05 billion as collateral for the credit guarantee letter of credit guarantee of this case (hereinafter “credit transaction agreement of this case”) and loaned KRW 1.0 billion to the non-party company according to the base rate.

C. In entering into a credit guarantee agreement of this case, the Defendant stated that, without delay, the construction of mechanical facilities listed in the separate sheet No. 1 (hereinafter “the instant mechanical facilities”) by a special agreement, the transfer of security by means of a notarial deed or a certified fixed date should be acquired. In entering into a credit guarantee agreement of this case, the Defendant stated that the transfer of security by means of a notarial deed or a certified fixed date should be acquired immediately after the construction of mechanical facilities listed in the separate sheet No. 2 (hereinafter “the instant mechanical facilities”) by a special agreement.

The terms and conditions of credit guarantee in the instant case and the Defendant are set forth.

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