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(영문) 서울중앙지방법원 2016.05.31 2015가단5318688
보증채무금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. (1) Around December 9, 2013, the Defendant entered into a credit guarantee agreement with the K&K Co., Ltd. (hereinafter “Nonindicted Company”) on a credit guarantee period of KRW 186,00,000,00. On December 9, 2019, Nonparty Company submitted an electronic guarantee agreement issued by the Defendant pursuant to the said credit guarantee agreement on December 13, 2013 (hereinafter “the instant credit guarantee agreement”) and received a loan of KRW 186,00,00 from the Plaintiff for the use of the funds for small and medium enterprise facilities. (2) The Plaintiff delayed payment of interest on the said loan, and the Plaintiff claimed payment of interest on the guaranteed debt amount of KRW 186,00,000,000 on August 25, 2014, the Defendant did not pay the principal amount of KRW 186,000,000 to the Defendant or paid interest on the entire principal amount of KRW 180,500,000.

Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal of the remainder guaranteed obligation amounting to KRW 52,000,000 and interest or delay damages thereon.

2. Judgment on the defendant's defense of immunity

A. In accordance with the guarantee agreement stated in the credit guarantee agreement of this case, the defendant asserts that the defendant's guarantee obligation against the plaintiff is exempted for the amount of KRW 52,00,000,000, which is the difference between the 186,000,000 and the 134,000,000,000, since the non-party company's appraisal of the facilities to be purchased with the loan was conducted and the loan was conducted within the appraisal value without arbitrary appraisal in violation of this agreement.

On this issue, the Plaintiff must be the full text of the guarantee agreement stated in the instant credit guarantee agreement.

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