(영문) 서울중앙지방법원 2015.02.06 2014나30789

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(영문) 서울중앙지방법원 2015.02.06 2014나30789

보증채무금

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1.The judgment of the first instance shall be modified as follows:

The defendant shall pay to the plaintiff KRW 1,578,713,730 and 1,009,123.

Reasons

1. Basic facts

A. The Defendant’s credit guarantee against A and the Plaintiff’s credit transaction 1) between E on January 27, 2010, the Defendant: (a) between A and a livestock product processing business operator on the name of E; (b) the Plaintiff as a creditor; and (c) A as a guarantor; (d) the credit guarantee principal of the credit guarantee principal (a) with the amount of KRW 1,273,000,000,000 as the principal of the credit guarantee (a loan amount of KRW 1,340,000,000); and (c) until January 24, 2020; and (d) the amount of guarantee rate

(2) At the time of the said credit guarantee agreement, A concluded a credit transaction agreement with the Plaintiff on February 12, 2010, stating that “A shall acquire a security by means of a notarial deed or a fixed date,” with the special agreement on the said credit guarantee. (3) A, on February 12, 2010, issued a guarantee certificate under the first credit guarantee to the Plaintiff; (40,000 won in total; (4)07% in addition to the standard interest rate for loans linked with a three-month deposit certificate ( CDA); (3) the agreement concluded a credit transaction agreement with the Plaintiff on February 75, 200, 200, 300 won in total, 19% in total; and (4) the Plaintiff received 19% in total among the Plaintiff, 30,000 won in a loan and security agreement on March 39, 2010, 200, 300, 3010, 30130.

B. The Defendant’s credit guarantee for Han-gu Co., Ltd. (hereinafter “Nonindicted Company”) and the Plaintiff’s credit transaction 1) on September 17, 2010 between the Nonparty Company and the Non-Party Company, as well as the Plaintiff’s credit guarantee contract (hereinafter “Defendant’s credit guarantee contract”) setting the amount of KRW 945,000,000 (the amount of loan KRW 1,050,000), the term of guarantee until September 16, 2020 (the term of guarantee is reduced by less than the term of guarantee; the term of guarantee is automatically reduced if the term of guarantee was reduced by less than the term of guarantee); the rate of guarantee 90%; and the term of credit guarantee contract (hereinafter “the term of guarantee 2”); and the term “each

(b).

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