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(영문) 창원지방법원마산지원 2017.04.07 2016가단9189
대여금
Text

1. The Plaintiff:

A. As to the Defendant A and B’s joint and several liability amounting to KRW 507,540,418 and KRW 300,000,000 among the liability amount.

Reasons

1. Judgment on the ground of the Plaintiff’s claim

A. 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant A”) around September 2009.

(2) The credit transaction agreement was concluded between the Plaintiff and the Plaintiff at the rate of delay damages (hereinafter “instant credit transaction agreement”) and the Plaintiff at the rate of 18% per annum from September 4, 2009 to August 31, 2012 (hereinafter “the credit transaction agreement”).

(2) Around September 2009, Defendant B (the representative of Defendant A at that time), and C (the representative of Defendant A at present as the spouse of Defendant B) agreed on the scope of the guaranteed obligation between the Plaintiff and the Plaintiff to set the scope of the guaranteed obligation as “Defendant A’s current and future obligations due to transactions under the instant credit transaction agreement with the Plaintiff” and to stand joint and several surety.

(However, in the case of Defendant C, the maximum guarantee amount was set as “2.8 billion won” (hereinafter collectively referred to as the “joint and several guarantee agreement of this case”). On September 4, 2009, the Plaintiff set the right to collateral security, which was set as KRW 2.8 billion with respect to the debtor, the maximum debt amount of the Defendant A, and the three factories on the ground of the non-party D and three lots of land owned by Defendant A on March 10, 201, respectively (hereinafter collectively referred to as the “mortgage 1”).

(4) Meanwhile, on August 1, 2011, Defendant A entered into a sales contract with respect to the land E and the three buildings attached thereto (hereinafter “instant land and buildings”) located in Dong-dong-gun, Chungcheongnam-do (hereinafter “instant sales contract”) with the purchase price of KRW 2.35 million (a loan of KRW 30 million, a loan of KRW 2 billion, a loan of KRW 2.85 billion, and a balance of KRW 235 million) (hereinafter “instant sales contract”). The instant sales contract (Evidence B) made up at the time stated that “a loan (a loan of KRW 1) shall be succeeded to.”

5) Afterward, E is the National Agricultural Cooperative Federation on August 29, 2011 (hereinafter referred to as the “Agricultural Cooperative Federation”).

and general facility funds of the credit department and amount of credit 2.1 billion won.

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