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(영문) 대법원 2015.09.10 2014다54717

구상금

Text

The judgment of the court below is reversed, and the case is remanded to Daejeon High Court.

Reasons

The grounds of appeal are examined.

1. The lower court, citing the reasoning of the judgment of the first instance, concluded a guarantee and loan transaction agreement between the Plaintiff and B (hereinafter “B”) on September 15, 2006 and September 10, 208 to provide various guarantees and loans from the Plaintiff on two occasions (hereinafter “each of the instant agreements”). C, who works as the representative director of B, is jointly and severally liable for indemnity to the Plaintiff under each of the instant agreements. Pursuant to Article 11 of the instant agreements, the contractual party’s interest during the period of all obligations is lost (paragraph (1) 1) without prior notice or peremptory notice; (2) from 0.10 to 20.19 to 98 of the guaranteed amount of non-performing concrete construction; (3) from 200 to 20.2 of the guaranteed amount of non-performing concrete construction; (4) from 200 to 9.25 of the guaranteed amount of non-performing concrete construction; and (4) from 200 to 9.197 of the Gyeonggi-do Office of Security.