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(영문) 서울중앙지방법원 2016.10.26 2015가단5198204
보증채무금
Text

1. The Defendant’s annual interest in KRW 325,138,934 and KRW 315,00,000 among the Plaintiff, from August 5, 2013 to July 6, 2015.

Reasons

1. Basic facts

A. 1) On June 18, 2008, the Defendant concluded a credit guarantee agreement with the Plaintiff on the following (hereinafter “instant guarantee”).

- The principal: the non-party X-Engineering Engineering Co., Ltd. (hereinafter referred to as “non-party company”);

- Guarantee principal: 630,000,000 - Loan subject and amount of loan: 700,000,000 for loans for facilities of small and medium enterprises: The term of guarantee: June 17, 2016 - Special Agreement - 90% (hereinafter “Special Agreement”).

(i) Subparagraph 1: A facility for loan-handling the instant case after acquiring the collateral by establishing a second-class collateral security right with respect to a site located at a place of business located at 1005-1 12-1 block (4,037 square meters in an agricultural and industrial complex located at Pyeong-gun, Chungcheongnam-gun, Chungcheongnam-do;

(b) A factory site: A factory site located in the place of business described in the preceding paragraph shall be secured by establishing a second-class collateral with a loan amount or more, notwithstanding whether the factory building is completed immediately, and shall be managed as a collateral with a joint collateral under the preceding subparagraph;

(g) Subparagraph 3: At the time of the introduction of the relevant facility (the detailed details of the relevant facility are as shown in the attached list; hereinafter referred to as “the machinery and equipment of this case”), the acquisition and management of the fixed date transfer to the relevant facility shall be conducted by acquiring it, and the security shall be acquired by adding the list of the joint collateral under the Factory Mortgage Act with respect to the relevant facility, regardless of whether the entire installation of the facility is conducted immediately after the appraisal;

(2) On August 14, 2008, the Plaintiff entered into a credit transaction agreement with the non-party company on the loans for the loans for the facilities of small and medium enterprises in the course of credit, the amount of loans (limit) to KRW 700,000,000, and the funds for the facilities of the place of business for the use of funds, and borrowed KRW 670,000 to the non-party company (hereinafter “the instant loans”).

Loan implementation was conducted three times on August 14, 2008, including KRW 220,00,000, KRW 300,000,000 on November 14, 190, and KRW 150,000 on December 31, 12.

B. On June 24, 2008, the Plaintiff is at the site of the new Liuri-ri workplace.

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