beta
(영문) 서울중앙지방법원 2018.11.20 2018나48504

추심금

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Facts of recognition;

A. On July 1, 1996, the Defendant issued 50 shares of investment certificates to a limited partnership company B (hereinafter “B”) which is a partner, and issued one share of investment certificates on July 3, 2009 and November 4, 2015, upon the application for capital increase.

(hereinafter referred to as “instant investment certificate”) b, each of the above investment certificates in B.

As between October 16, 2015, the Defendant entered into a limited transaction agreement with B, the Defendant entered into a limited transaction agreement with the content that the Defendant would make a contract guarantee, performance bond, and warranty bond for the sake of B, based on the amount stated below as the guarantee limit from October 16, 2015 to August 31, 2018:

In addition, the defendant around that time set up a pledge against B's claim for the refund of investment to the defendant based on the investment certificate of this case in order to secure the claim for reimbursement against B under the above limit transaction debt agreement, and received the investment certificate of this case, and obtained a fixed date in the investment certificate as security and the certificate of pledge.

The small amount of guarantee 204,439,680 (the increase to 208,225,60) contract guarantee, performance guarantee, warranty bond, warranty bond, warranty bond 229,94,640 (234,253,80), advance payment guarantee, guarantee of subcontract consideration payment, etc. 76,64,80 (78,08,00), operation of financing transactions (security and credit), including loan and credit), and basic loan limit of 30,425,00 (the increase to 31,092,00), including construction and bill discount)

C. Among the details of the contract guaranteed by the Defendant against B pursuant to the debt agreement of this case, the details of the guarantee period after February 10, 2016 are as follows.

On March 30, 2016, such as the Civil Works of Gangseo-gu Seoul Factory Co., Ltd., which is the date of commencement of guarantee for the title of the contract, 1 contract guarantee at the expiration of the date of commencement of guarantee for the title of the contract. < Amended by Presidential Decree No. 27207, Jun. 30, 2016>