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(영문) 서울중앙지방법원 2016.12.15 2016가단8952
보증채무금
Text

1. The defendant shall be the plaintiff.

A. 6,240,179,419 won and 3,557,640,983 won among them shall be repaid from April 12, 2016.

Reasons

1. Basic facts

A. The creation of loan claims and the Defendant’s joint and several sureties Co., Ltd. (hereinafter “debtor”) entered into a trade finance loan agreement with the limit of five billion won on March 17, 2008 (the extension limit is changed to 6.7 billion won on March 17, 2010) with the credit limit of 5 billion won on March 17, 2008 (the extension limit is changed to 6.7 billion won on December 30, 2008), and the Defendant loaned KRW 2 billion on December 30, 2008, and the Defendant jointly and severally guaranteed the loan obligations up to KRW 9.1 billion on the loan obligations, and KRW 2.6 billion on the loan obligations.

B. On September 10, 2012, the debtor company obtained authorization for the rehabilitation plan as Incheon District Court 201 Gohap37, the debtor company received authorization for the rehabilitation plan. On September 10, 2012, the debtor company paid KRW 9,884,791,50 (including KRW 3,975,217,500 out of the principal amount of loan claim) of the rehabilitation security right of the plaintiff, the amount of rehabilitation claim amount of KRW 3,933,737,818 (including KRW 2,724,782,50 out of principal amount of loan claim and KRW 895,59,382 of principal amount of loan claim). On September 20, 2012, the debtor company paid KRW 9.8 billion to the plaintiff on September 20, 2012, the debtor company paid the total amount of the above rehabilitation security right (including KRW 9.8 billion reduced in Korean won due to the application of the adequate exchange rate on the date).

C. On September 20, 2012, the size of the actual loan claim and partial repayment 1) but on September 20, 2012, among the Plaintiff’s claim against the Plaintiff’s debtor company that did not consider the change in the above rehabilitation plan as of September 20, 2012, the Plaintiff used KRW 9,55,299,382 out of the total amount of KRW 9,55,290,320 out of the total amount of KRW 9,55,290,320, which was repaid on the same day in relation to the Defendant as the surety, as of the same day, the Plaintiff appropriated the total amount of KRW 24,709,680 against the Plaintiff’s debtor company for other four loan claims and overdue interest, and then the latter appropriated the total amount of KRW 442,359,017 out of the principal amount of the loan obligation for four times.

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