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(영문) 청주지방법원 2014.07.23 2014가단826
대여금
Text

1. The Defendants jointly and severally with Ghana Co., Ltd. to the Plaintiff KRW 405,685,596 and KRW 209,655,537 among them.

Reasons

1. Basic facts

A. On July 14, 2008, the AB industry (hereinafter referred to as the “AB industry”) entered into a credit transaction agreement with the Plaintiff on July 14, 2008, setting the credit item discount bill, credit (limit) amount to KRW 400,000,000 from the date of credit extension, July 14, 2008, the date of expiration of the credit extension period to KRW 20,000,000,000 per annum 20,000,000. The Defendants provided joint and several surety that the AB industry would designate all obligations (including interest, damages for delay, and other incidental obligations) currently and future due to transactions at discount against the Plaintiff in the future.

B. A. The Ghana industry was discounted on July 14, 2008, October 14, 2008, and January 14, 2009 at each face value of KRW 400 million by exchanging bills from the Plaintiff every three months.

Finally, as the promissory note discounted on January 14, 2009 was paid on March 13, 2009, the virtual business bears the obligation of the Plaintiff to pay the loan amounting to KRW 209,65,537 as of April 11, 2013, including the principal amount, KRW 196,030,059, and KRW 405,685,596 as of April 11, 2013.

【Ground for recognition” without a dispute, Gap evidence 1, Eul evidence 2-1 through 5, Gap evidence 3, 4, 6, Eul evidence 2-1, 2-2, and the purport of the whole pleadings

2. Determination

A. According to the facts found in the determination as to the cause of the claim, the Defendants, as joint and several sureties, are jointly and severally liable to pay the total amount of loans of KRW 405,685,596 and the principal amount of KRW 209,655,537 from April 12, 2013 to the date of full payment.

B. As to the assertion by Defendant A and B, the above Defendants asserted that the Ghana industry guaranteed only the face value of KRW 400 million which was discounted by the Plaintiff on July 14, 2008, and that since the above bill was fully repaid on October 14, 2008, the above Defendants’ guaranteed liability against the Plaintiff was already extinguished.

A disposal document shall be.

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