logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.09.20 2016가단5078338
보증채무금
Text

1. The Defendants jointly and severally pay to the Plaintiff KRW 369,364,383.

2. The plaintiff's remaining parts against the defendants.

Reasons

1. Basic facts

A. On November 14, 2007, Defendant A Co., Ltd. (hereinafter “Defendant Company”) borrowed KRW 1 billion from Komato 2 Savings Bank (former trade name: Pakistanes Mutual Savings Bank, Komato 2 Mutual Savings Bank, etc.; hereinafter “Nonindicted Savings Bank”).

The due date was set on December 14, 2007, but it was later extended on March 31, 2010.

B. Upon the arrival of the repayment period of the above loan, D Co., Ltd. (hereinafter “D”) on May 7, 2010 loaned KRW 1 billion (hereinafter “instant loan”) from the Non-Party Savings Bank on May 7, 201, with the payment period fixed by the Non-Party Savings Bank. The instant loan is immediately the Defendant Company’s above.

all of the loans described in the subsection have been used for the repayment of the obligations.

On the same day, E, the representative director of D, the Defendants, and F (hereinafter collectively referred to as “instant guarantor”) entered into a collateral guarantee agreement with the Non-Party Savings Bank with the primary debtor D (hereinafter “instant collateral guarantee agreement”).

C. However, at the time of the instant collateral guarantee agreement, D took out loans from Nonparty Savings Bank in addition to the instant loans from Nonparty Savings Bank and took out loans of KRW 3 billion on December 24, 2009, and KRW 1 billion on February 11, 2010, and assumed the relevant loans.

(hereinafter above 3 billion won and 1 billion won shall be collectively referred to as "previous Loan". D.

On the other hand, the guarantor of this case completed the phrase of comprehensive continuing guarantee in the part of the guaranteed obligation of each letter of continuing guarantee (hereinafter collectively referred to as “each letter of continuing guarantee of this case”) prepared at the time of the instant contract of continuing guarantee (hereinafter referred to as “instant letter of continuing guarantee”). The part of the maximum amount of continuing guarantee stated “one hundred and twenty billion won” or “one hundred and twenty billion won” or “one hundred and twenty and twenty billion won” or “one and one another designation” or “one and one another designation” on the part of the maximum amount of continuing guarantee, and the copy of the basic terms and conditions of savings bank credit transactions and this contract is clearly stated.

arrow