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(영문) 제주지방법원 2018.05.29 2018가단168
보증채무금
Text

1. The Defendants are jointly and severally liable to the Plaintiff.

(a) Limit of KRW 308,476,567 and any of them 100,000,000 within the limit of KRW 2,080,00;

Reasons

1. Indication of claim;

(a) Each credit transaction agreement and collateral guarantee agreement 1) The bankrupted mutual savings bank (hereinafter referred to as the “bankruptcy”)

) On July 12, 2005, B Co., Ltd. (hereinafter “Nonindicted Company”) shall be deemed to be a company outside the country.

(i)a credit transaction agreement between the Department and a credit limit amounting to 1.6 billion won, the expiration date of the credit extension period on July 20, 2006, the interest rate of 11.5% per annum, and 21% per annum; and

(2) On May 30, 2008, the Defendants jointly and severally concluded a credit transaction agreement with the non-party company to set the credit limit amount of KRW 900 million, interest rate of May 28, 2009, interest rate of KRW 10.5% per annum, and damages for delay rate of KRW 22% per annum (hereinafter “the second loan agreement”) against the non-party company. On the same day, the Defendants jointly and severally guaranteed against the non-party company the obligations under the second loan agreement of KRW 1170 million against the non-party company.

3) On June 13, 2008, the bankrupt on a credit transaction agreement between the non-party company and setting the credit limit amount of 400 million won, the date of expiration of the credit, the interest rate of 10.5% per annum on June 12, 2009, and damages for delay at 22% per annum (hereinafter “third loan agreement”).

On the same day, the Defendants jointly and severally guaranteed the obligation under the third loan contract of the non-party company to the non-party company up to the limit of KRW 520 million. (2) The bankrupt was declared bankrupt on April 16, 2010, and the Plaintiff was appointed as the bankruptcy trustee on the same day. (c) As of January 5, 2018, the obligation under the first loan contract was totaled of KRW 3 billion,823,018 + interest and delay delay damages + KRW 2 billion + KRW 92,735,766). The obligation under the second loan contract was totaled of KRW 1.73,295,105,000 + interest and delay damages + KRW 1.719,211,825 + interest and delay damages + KRW 64,08,283,284,385,305,325,384,325,205,325,384, and interest and delay damages under the second loan contract.

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