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(영문) 서울중앙지방법원 2018.06.01 2015가단154421
보증금이행
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On March 13, 2012, the Defendant entered into a credit guarantee agreement between C Co., Ltd. (hereinafter “C”) and the Plaintiff on the same day, under which the Defendant entered into a credit guarantee agreement with the content that the Defendant guarantees the Defendant’s obligation for the principal and interest of KRW 1,100,000,000 for other financial facilities funds of KRW 1,00,000 for the Plaintiff, and the guarantee period from March 13, 2012 to March 12, 2020 for the guarantee period (hereinafter “the credit guarantee agreement in this case”).

B. On March 13, 2012, the credit guarantee terms and conditions issued by the Defendant to the Plaintiff are as follows:

Article 5 (Guarantee Special Agreement) (1) of the Credit Guarantee Clause is applied in preference to this Clause.

If an obligee is unable to accept a guarantee agreement, the obligee shall not execute a guarantee non-loan.

(4) In conducting business of lending, acquiring collateral, etc., a creditor shall perform the contents of a special agreement for guarantee with the care of a good manager.

Article 6 (Special Agreement on Guarantee for Facility Funds) (2) If the special agreement for guarantee requires the termination, the creditor shall terminate the guarantee above the required amount to be terminated by the special agreement for the guarantee, regardless of the appraisal of the facility and the assessed value of the security.

Article 7 (Establishment of Credit Guarantee Relationship) (1) Credit Guarantee Relationship under a Credit Guarantee Certificate shall be established only when the following requirements are satisfied:

1. The loan shall be handled in compliance with the conditions of credit guarantee. Article 23 (Exemption) (1) The new letter shall not assume responsibility for all or part of the guaranteed obligation in any of the following cases:

1. Where he/she violates a special guarantee agreement;

3. Where he/she implements a loan in violation of Article 7 (Establishment of Credit Guarantee Relationship) (2) The details of paragraph (1) and the scope of immunity shall be determined by new reports, and shall be subject to the criteria for immunity separately notified to creditors;

(1) workplaces.

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