(영문) 서울서부지방법원 2016.01.21 2015가합32189

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(영문) 서울서부지방법원 2016.01.21 2015가합32189

보증채무금

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1. The plaintiff's primary and conjunctive claims are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 25, 2013, the Plaintiff entered into a goods supply contract with the non-party Lokis Co., Ltd. (hereinafter “non-party company”) and supplied the non-party company with raw materials from April of the same year to January of 2014.

B. On April 2, 2013, the credit guarantee letter issued by the Defendant, as of April 2, 2013, stated as follows: (a) on April 2, 2013, the Defendant issued a credit guarantee certificate (a guarantee number A) with the guarantee amount of KRW 200 million in the Plaintiff’s future; (b) the guarantee certificate with the non-party company (a guarantee number A) with the non-party company (hereinafter “former guarantee certificate”); and (c) the former guarantee certificate as follows.

- Guaranteed liabilities: A commercial payment obligation under a commercial contract to be borne by the principal on January 25, 2013 under the contract for the supply of the goods made by the principal on January 25, 2013 agreed by the principal and the principal and the principal and the principal and the principal and the principal and the principal are guaranteed - The term of guarantee:

1. The Fund shall pay the amount discounted by applying commercial statutory interest rates from the date of performance (or the date of payment of bills), if the Fund has received a promissory note from the obligor for the repayment of the purchase price payment obligation, or the obligee has issued a bill of exchange with the obligor as the payer) before the payment date stipulated in the supply contract by the Fund;

2. Notwithstanding Article 2 (Scope of Obligations Subject to Credit Guarantee), if the due date of repayment is less than three months from the due date of the Guarantee, this Guarantee will bear the responsibility of the Guarantee.

B. On December 31, 2013, the Defendant issued a credit guarantee certificate (guarantee No. B) with the guaranteed amount of KRW 600 million in the Plaintiff’s future, a credit guarantee certificate (Guarantee No. 2) with the guarantor non-party company (hereinafter “new guarantee certificate”), and the new guarantee certificate with the following contents.

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