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(영문) 인천지방법원 2019.08.27 2018가단248984

보증채무금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On June 10, 2016, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “B”) with a credit guarantee principal of KRW 100 million and the period from June 10, 2016 to June 9, 2017, and issued a written credit guarantee agreement.

B was granted a loan of KRW 100 million from the C Bank as security.

B. At the time of concluding the aforementioned credit guarantee agreement with B, the Defendant, the representative of B, entered into a transparent management performance agreement with the Plaintiff. Among them, the relevant content of the instant case is as follows.

In receiving a credit guarantee under Article 1 from the plaintiff, the contract party promises to faithfully perform the obligation of management of the indication of Article 2 in order to manage the enterprise in a sound and transparent manner in order to contribute to the development of the national economy instead of the joint and several sureties. If the contract violates this obligation, the contract party approves that the obligation stipulated in the credit guarantee agreement under Article 1 is jointly and severally with the guarantee enterprise, and that the contents of the credit guarantee agreement under Article 1 are applied to the performance of the guaranteed obligation, and promises to each of the provisions of this Agreement.

Article 2 (Management Obligations) The contractr will faithfully perform the following management obligations instead of the joint and several sureties under a credit guarantee agreement under Article 1:

1. Compliance with finance-related laws and regulations;

2. Compliance with accounting standards;

3. Prohibition of forgery or alteration of official documents or private documents and of submitting false data;

4. Prohibition of occupational embezzlement, breach of trust, acceptance of bribe, appropriation of funds, etc.;

5. Prohibition of use of a written guarantee and a security loan prescribed in Article 1 for any other purpose;

6. Consent to new notification when disposing of at least 1/2 of the equity shares in possession as at the time of the withdrawal from management or the conclusion of a transparent management performance agreement.

7. Where he/she violates Article 3 (Violation of Duty of Management and Responsibility of Joint and Several sureties) (1) Any other serious act violating transparency management prescribed in Article 2, the contractor shall do so from the date of occurrence of the cause of the violation.