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(영문) 서울중앙지방법원 2013.09.25 2012가단5116164
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On February 23, 2006, Nonparty B Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) entered into a credit guarantee agreement (hereinafter “the first credit guarantee agreement of this case”) with the Plaintiff, which provides a credit guarantee agreement issued pursuant to the above credit guarantee agreement (hereinafter “the first credit guarantee agreement of this case”) as security, in order to secure the payment of the principal and interest of loan in obtaining a corporate general loan from a national bank, the non-party Co., Ltd. (hereinafter “Nonindicted Co.”), with a view to securing the payment of the principal and interest of loan. In order to secure the payment of the principal and interest of loan, the non-party Co., Ltd. entered into a credit guarantee agreement with the said bank as a collateral on February 24, 2006, and received a loan of KRW 300 million from the said bank.

B. After that, the Plaintiff and the National Bank Co., Ltd. extended the term of validity of the credit guarantee agreement and the term of validity of the credit transaction agreement each year, and as the said bank’s internal regulations prevent any extension of the term of the credit transaction agreement, Nonparty Co., Ltd. newly concluded a credit guarantee agreement between the Plaintiff on February 17, 201 and the Plaintiff on February 17, 2012 (hereinafter “instant credit guarantee agreement”) (the principal of the guarantee, the rate of guarantee, the method of guarantee, the loan, etc. are the same as the existing credit guarantee agreement) and re-issued the credit guarantee agreement (hereinafter “instant credit guarantee agreement”).

(Plaintiff stated in a credit guarantee agreement that the guarantee is to recover the guarantee under the first credit guarantee agreement of this case).

On February 18, 2011, the National Bank Co., Ltd. entered into a credit transaction agreement with the non-party company as collateral for the second credit guarantee of this case, with the limit of KRW 300 million, and with the expiration date of the credit until February 17, 2012 (the " February 17, 2011" stated in evidence 7-2 appears to be "the clerical error of February 17, 2012") and actually loans KRW 300 million to the non-party company (hereinafter "the instant loan").

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