beta
Text
1. Of the judgment of the court of first instance, KRW 90,00,000 against the Plaintiff regarding the Defendant and its related amount, from January 10, 2013 to August 29, 2013.
Reasons
1. Facts of recognition;
A. A running a press agency “B” had the intent to obtain facility loan from the Plaintiff to purchase machinery necessary for business around January 201, 201.
B. On January 10, 201, Sheet A entered into a sales contract with the Dong new presses Co., Ltd. (hereinafter referred to as the “Dong new presses”) and A for each model name DCH-2-600, and 400,000 won for each model name DCH-2-600, and 1; hereinafter referred to as the “first machinery of this case”) to purchase 80,000 won (hereinafter referred to as the “first sale contract of this case”).
In addition, A entered into a sales contract (hereinafter “the second sales contract of this case”) with a company MMM Co., Ltd. (hereinafter “M”) on the same day, and A entered into a sales contract with a NC LCELLF-700-1250 (M) 2, COLCAR CAR (Standard MCC-7000), and HEARING M/C 2 (hereinafter collectively referred to as “the second sales contract of this case”).
According to the sales contract of the instant case Nos. 1 and 2, the seller supplied each of the instant machines on May 20, 201, and the seller stated that A shall receive a loan from a bank for each of the sales proceeds, and no particular statement is made on the date of payment of A.
Article 22(1) of the Civil Act provides that the Plaintiff shall submit a sales contract of this case to the Plaintiff, and the Plaintiff shall provide the Plaintiff with a defect in applying for a facility loan, and the Plaintiff shall provide the Defendant with a credit guarantee certificate as security, with a loan of KRW 800
B. On March 18, 2011, the Defendant entered into a credit guarantee contract with A and A to secure the principal and interest of facility funds borrowed from the Plaintiff (hereinafter “the instant credit guarantee contract”) with the term “720 million won of the guaranteed principal (80 million won of the guaranteed principal x 90% of the guaranteed principal x 90% of the guaranteed principal x the guarantee rate), March 17, 2013 of the guarantee term, and issued a letter of credit guarantee (hereinafter “the instant credit guarantee contract”), and the said letter of credit guarantee.