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1. Revocation of a judgment of the first instance;
For the Counterclaim:
A. The counterclaim Defendant B and the counterclaim Defendant C are jointly and severally liable.
Reasons
1. Basic facts
A. A Co., Ltd. (1) concluded each credit transaction agreement and additional transaction agreement (hereinafter “A”) with the counter-party Defendant with the content of each credit transaction agreement and each of the above credit transaction agreements (hereinafter “each of the above credit transaction agreements”) with the following terms, such as the interest rate on the credit transaction classification in the credit transaction agreement. The credit transaction agreement prepared at this time was referred to as “each of the instant credit transaction agreements.”
The provisions of each credit transaction agreement of this case relating to this case are as follows.
Article 1 (1) Method of Repayment: Full repayment shall be made on the expiration of the credit period.
(2) The term "limit transactions" means free lending of loans and repayment within the agreed amount and transaction term. Article 2 (2) When a person fails to perform his/her obligations on the expiration date of a credit term or delays in payment of interest, etc. for one month after he/she has made payment of interest, etc., he/she shall pay damages for delay immediately to the whole balance of loans from that time
(2) The debtor's column for each credit transaction agreement of this case has the seal impression of each counter-defendant listed in the debtor's column for the credit transaction agreement of this case. In the joint and several sureties's column, the name of each counter-defendant listed in the column for joint and several sureties's column for the same table is stated, and the seal impression is affixed on that side.
The agreement is accompanied by a certificate of corporate seal impression or a certificate of personal seal impression of the counter-party defendant, and the minutes of the board of directors of the counter-party defendant.
The credit limit (amount increased) on January 19, 2010, July 30, 2010, D E E on July 30, 2009, July 30, 2009, 300,500,000 on July 30, 2009, a joint and several surety (Counterclaim Defendant Co., Ltd.) of the debtor (Counterclaim Defendant Co., Ltd.) under the terms and conditions of credit transaction agreement, and the credit limit (amount increased) on the date of maturity of the agreement on January 30, 209.