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(영문) 서울중앙지방법원 2018.01.31 2017나44093
보증채무금
Text

1. The part of the judgment of the first instance against the defendant shall be revoked.

2. The plaintiff's claim against the above cancellation portion is dismissed.

3...

Reasons

1. Facts of recognition;

A. A around March 200, the Ansan-si store C was leased No. 6 Dong 101, and operated the “Dlaundryhouse.”

B. A entered into a credit guarantee agreement with the Defendant to obtain a loan from the Plaintiff.

Accordingly, on March 16, 200, the Defendant issued a credit guarantee certificate stating the following special agreement (hereinafter “instant special agreement”) on the front side to the Plaintiff on March 16, 200 with the guarantee number E, the guaranteed principal 27 million won, the guarantee period on March 16, 2001, the loan of small and medium enterprise in the subject of the loan, the loan amount of KRW 30 million, the guarantee rate of KRW 90,000,000,000 on the front (hereinafter “the credit guarantee certificate”), and on March 17, 200, the Plaintiff loaned KRW 30,000,000 as small and medium enterprise funds to the Plaintiff as collateral.

(hereinafter referred to as "first loan"). [Special Agreement] A (resident registration number omitted) immediately leases facilities related to guarantee side loan (location No. 6. 101) from B (resident registration number omitted) with the lessor's approval, the fixed-date pledge shall be established and possessed by the lessee upon delivery of the original lease contract from the lessee.

C. The first credit guarantee term was March 16, 2002, and March 15, 2002, and the first credit guarantee term was March 16, 2003, and the first credit guarantee term was extended as March 14, 2003, and the first credit guarantee term was extended as March 16, 2005.

On March 14, 2005, the Defendant entered into a credit guarantee agreement with A, and issued to the Plaintiff a credit guarantee certificate stating the following special terms and conditions: (a) the guarantee number G, the guaranteed principal of KRW 19.8 million, the guarantee term on March 13, 2006; (b) the loan for small and medium enterprises in the subject of the loan; (c) the estimated amount of the loan; (d) the guarantee rate of KRW 22 million; and (e) the credit guarantee certificate stating the special terms

(hereinafter referred to as “second credit guarantee”). The Plaintiff secured the said letter of credit guarantee on March 16, 2005.

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