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(영문) 광주지방법원목포지원 2016.05.31 2015가단53832
대여금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The credit transaction agreement between A Bank and C Co., Ltd. 1) C Co., Ltd. (hereinafter “D Co., Ltd.”), a mutual change to D Co., Ltd. on November 9, 2009, and hereinafter “Nonindicted Co., Ltd.”).

A Bank Co., Ltd. (hereinafter “Bankruptcy Bank”) on December 27, 2007

(B) A credit transaction agreement to be loaned 6.3 billion won between the due date for payment on December 27, 2008; interest rate of 12% per annum; and interest rate of delay delay; and 25% per annum (hereinafter “credit transaction agreement”).

(2) On April 30, 2009, the non-party company entered into a comprehensive collateral guarantee contract with the bankruptcy bank as to the non-party company's current and future obligations under the first credit transaction agreement on the same day. The non-party company entered into a credit transaction agreement (hereinafter "second credit transaction agreement") with the non-party company to increase the credit limit of the first credit transaction agreement to KRW 6.8 billion and extend the credit period to December 27, 2009. At the time of the same day, the defendant, who was the representative director of the non-party company, was jointly and severally and severally liable for the loans under the second credit transaction agreement (hereinafter "the second credit transaction agreement"), and the non-party company entered into a credit guarantee contract with the non-party company's current and future obligations to the non-party company as joint and several surety (hereinafter "joint and several surety of this case").

3) On October 15, 2009, the non-party company made a credit transaction agreement with the bankruptcy bank to increase the credit limit of the second credit transaction agreement to KRW 8.5 billion (hereinafter “third credit transaction agreement”).

4) On November 19, 2010, G, the representative director of the non-party company, at the time, jointly and severally guaranteed the obligation of loans under the third credit transaction agreement on the same day. (4) The credit limit of the third credit transaction agreement between the bankruptcy bank and the non-party company was 1 billion won.

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