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(영문) 부산지방법원 2018.09.12 2017가합52029

구상금

Text

1. Defendant A and C jointly and severally filed a claim against the Plaintiff KRW 432,220,00,00 and the claim against the claim against the Plaintiff from December 27, 2017 to September 12, 2018.

Reasons

Basic Facts

Defendant A Co., Ltd. (former trade name is “Co., Ltd. B”; hereinafter “Defendant Company”) is a company whose main business purpose is to engage in reinforced concrete construction business, etc., and Defendant C is the representative director of the Defendant Company.

Defendant E is an internal director of the Defendant Company, and Defendant D is a female student of Defendant C and Defendant E, and Defendant F is a member of Defendant E.

The Plaintiff and the Defendant Company entered into each limited trading agreement (hereinafter “each limited trading agreement of this case”) with which the Defendant Company may receive guarantee from the Plaintiff within the scope of the agreed limit, and the Defendant C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff based on each limited trading agreement of this case.

The guarantee limit on the date of the original agreement shall be 5,155,200,000 on June 20, 2013, the guarantee limit on the date of the original agreement, from June 20, 2013 to June 20, 2016, 4,878,000,000 on May 19, 2016 to May 19, 2016, 2016 to May 19, 2016 to May 13, 2016, 13, 2016, 14,986, 700,000 on June 13, 2016 to June 12, 2016 [each limit trading agreements in this case] Article 1 (Establishment of Agreement) (1) of the Agreement with the Association shall apply to the agreement for business transactions with the Association and shall enter into the agreement with its signature and seal affixed thereon.

Article 3 (Performance of Obligations) (1) Where a union has paid a security deposit to a guarantee creditor, the agreed person shall pay the security deposit immediately, and the loan shall be repaid on the fixed date.

(3) The Cooperative may exercise the right to indemnity, etc. against the contractor and the joint guarantor and may exercise the right to indemnity in advance where certain grounds arise.

Article 4 (Liability of Joint and Several sureties) (1) A joint and several sureties shall bear the same obligation as the agreed person and the liability for the partnership, and he shall not assert that he shall repay his obligations in equal installments among the joint and several suretiess.

[Basic Terms and Conditions for Business Transactions] Article 8.