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(영문) 서울고등법원 2017.01.11 2014나14698
양수금 등
Text

1. The part against Defendant C among the judgment of the first instance is revoked.

2. The plaintiff's defendant C.

Reasons

1. Basic facts

A. Credit transaction agreement and loan execution 1) A Co., Ltd. I (hereinafter “Sover-the-counter bank”)

(B) On September 21, 2009, B Co., Ltd. (hereinafter “B”).

(B) enter into a credit transaction agreement with the subject of credit at discount, the amount of credit limit of 2.8 billion won, the date of expiration of the credit, the interest rate of 14% per annum, and the interest rate of 25% per annum (the credit ceiling amount and the transaction deadline).

The credit transaction agreement of this case is referred to as "the credit transaction agreement of this case"

2) Defendant C Co., Ltd. (hereinafter “Defendant C”)

() On September 21, 2009, D, E, and F entered into an agreement with the Non-Party Bank that all obligations, such as credit transactions, credit transactions, guarantee for credit transactions, and bills, checks, etc. incidental to credit transactions, shall be jointly and severally guaranteed within the limit of KRW 3.64 billion (hereinafter “instant comprehensive collateral guarantee agreement”).

(1) On September 21, 2009, Defendant C 2.8 billion won on September 21, 2009, the due date for the issuance of discount notes, and on December 15, 2009, KRW C2.8 billion on December 15, 2009, KRW 2.5 billion on December 15, 2009, KRW C2.5 billion on March 25, 2010, KRW 1.6 billion on January 4, 2010, KRW 2.2.2 billion on March 15, 2010, KRW 2.7 billion on June 15, 2010, KRW 2.7 billion on June 15, 2010, KRW 2.7 billion on June 16, 2010, KRW 19, KRW 3.5 billion on loans under the instant credit transaction agreement, and KRW 9.7 billion on June 16, 2015, KRW 209.

(B) loans made on March 15, 2010 (hereinafter “instant loans”). (b)

On September 5, 201, the Plaintiff decided to transfer contracts to the Plaintiff.

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