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(영문) 인천지방법원 2020.09.04 2019나2117
대여금등
Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

Reasons

1. Basic facts

A. (1) The Plaintiff is a stock company B (hereinafter “instant company”) on February 25, 2014.

The Codefendants of the first instance court and the Defendant were the principal amounting to KRW 500,00,000, maturity of February 25, 2015, interest rate of KRW 9.5% per annum, and interest rate of KRW 25% per annum. On the same day, the instant company loaned KRW 500,000,000 to the instant company. (2) At the time of the conclusion of the instant loan agreement, the scope of the obligation guaranteed by the guarantor as to the obligation of the Plaintiff of the instant company to the Plaintiff is equivalent to the amount equivalent to KRW 130% of the principal.

The term of validity of a guarantee: A.I.D., which was set out in the name of the defendant (as evidence 10, hereinafter referred to as “the first letter of guarantee”), was set up, and the contract to be entered into was called “the first letter of guarantee”.

B. (1) At the time of the conclusion of the said renewal contract, the said loan contract was renewed at KRW 497,00,000 as principal on August 25, 2015. (2) At the time of the conclusion of the said renewal contract, the amount equivalent to the amount equivalent to 130% of the principal amount, namely, the scope of the obligation guaranteed by the guarantor: the scope of the obligation guaranteed by the guarantor: the specific collateral guarantee, the amount of the obligation guaranteed by the guarantor: 323,050,000.

The term of validity of a guarantee: A. B., the letter of guarantee (the second letter of guarantee; hereinafter referred to as “the second letter of guarantee”) in the name of the defendant was prepared by determining the future designation type.

C. The amount of debt owed by the instant company to the Plaintiff in relation to a renewed loan agreement is the amount calculated by the agreement of 25% per annum with respect to the principal amount of KRW 769,795,756 and the principal amount of KRW 496,983,632 from January 3, 2018 to the date of full payment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 4, 10, the purport of the whole pleadings

2. Determination

A. The Plaintiff sought payment of maximum amount of KRW 323,050,000 against the Defendant based on the second collateral guarantee agreement, and whether the second collateral guarantee agreement was concluded as the Plaintiff’s assertion.

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