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(영문) 서울중앙지방법원 2020.05.08 2019가단5109530
양수금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 115,232,68, and KRW 65,042,83 of these costs. The Defendants shall pay to the Plaintiff the full payment from January 4, 2019.

Reasons

1. Facts of recognition;

A. On March 12, 2008, D Co., Ltd. (hereinafter referred to as “Nonindicted Company”) borrowed KRW 410,000,000 from E Co., Ltd. (hereinafter referred to as “E bank”) (hereinafter referred to as “instant loan”). Defendant C jointly and severally guaranteed the debt of the Nonparty Company (hereinafter “instant joint and several guarantee agreement”).

The above loan contract was extended several times, and finally postponed until December 12, 2012, and the defendant C guaranteed each credit transaction condition modification agreement with the change of the above time limit and applicable interest rate every time.

B. The Defendants are presumed to have been written on October 2009 at the bottom of the left-hand side of each letter of collateral guarantee at the date unfolding. The Defendants are presumed to have been written on and after October 2009.

Each limit of guarantee was 130,000,000 won, and the non-party company entered into a comprehensive collateral guarantee contract with the content of joint and several obligations arising from the current and future bill loans, deed loans, overdraft loans, discount of bills, payment guarantee, discount of bills, payment guarantee, sales bond transactions, mutual installment transactions, bond acceptance, securities lending, foreign exchange transactions and other credit transactions (hereinafter “instant comprehensive collateral guarantee contract”).

Article 3 of the above General Guarantee Agreement provides that “In the event that a guarantor separately provides or provides a guarantee with respect to the same secured obligation to the debtor bank, such security or guarantee shall not be modified by this Guarantee Agreement and shall be applied cumulative as separate from the liability for such guarantee under this Agreement, unless otherwise agreed.”

C. On September 25, 2013, E Bank, F Co., Ltd., and G limited liability company entered into a contract for the transfer and acquisition of the asset transfer agreement on the instant loan claims with the transferor as F Co., Ltd., and the transferee as G limited liability company, and Article 7(1) of the Asset-Backed Securitization Act on September 26, 2013.

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