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The Defendant’s KRW 1,80,000,000 for the Plaintiff and the following: 6% per annum from December 27, 2018 to April 26, 2019.
Reasons
1. Basic facts
A. The relationship between the parties and the Plaintiff is a juristic person engaged in the manufacture and sale of dynamics, materials and processed products. B (hereinafter “B”) is a juristic person engaged in the manufacture and sale, etc. of polars and polars products. The Defendant is a juristic person established with the aim of facilitating financing for companies by guaranteeing obligations of enterprises which lack security capability under the Korea Technology Finance Corporation Act.
Since the Plaintiff entered into a goods supply contract with B in 1993, the Plaintiff has continuously traded metal products to B every year by 2018.
B. On November 9, 2001, the Defendant guaranteed the Plaintiff, and issued a promissory note guarantee to the Plaintiff that the guarantee period shall be one year, and that the Defendant guaranteed the Plaintiff’s obligation to the Plaintiff through the goods supply transaction between the Plaintiff and B by guaranteeing the amount of KRW 1.2 billion.
After the issuance of the above promissory note guarantee, the Defendant succeeded to the obligation of the existing promissory note guarantee and again issued a promissory note guarantee to guarantee B’s transaction obligation to the Plaintiff during the guarantee period of one year (However, the guarantee limit has been changed in sequence from the existing 1.2 billion won to the existing 1.1 billion won, 1.9 billion won, and 2 billion won). On October 29, 2010, the Defendant issued a guarantee certificate changed from the existing e-commerce guarantee method to the e-commerce guarantee method, and the guaranteed amount is KRW 2 billion, 2.0 billion, 2,000,000,000, and 2,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000).
1. Of the obligations owed by the issuer B under the goods supply contract agreed between the issuer B and the payee, the bill shall be dated October 2009.