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(영문) 서울중앙지방법원 2017.11.06 2016가단5302635

구상금

Text

1. The Defendants shall jointly and severally pay to the Plaintiff KRW 124,471,058 and the interest rate thereon from December 28, 2016 to the date of full payment.

Reasons

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is the Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on August 20, 2009.

(2) The following terms and conditions of the present agreement on the warranty liability (hereinafter referred to as “instant agreement”).

At the time of conclusion of this Agreement, Defendant B, the representative director of the Defendant Company, was jointly and severally guaranteed the obligation of indemnity to be borne by the Plaintiff by the Defendant Company. 1. The agreement for business transactions with the Plaintiff is concluded by approving that the basic terms and conditions for business transactions apply, signing and sealing on the agreement for limit transaction, and submitting them to the Plaintiff, and may allow the Plaintiff to use the business transactions under this Agreement from the Plaintiff after concluding the agreement. 2. Where the security deposit is paid to the guarantee creditor, or the loan is not recovered, the Plaintiff may exercise the right of indemnity to the contract and the joint and several sureties, and where certain reasons arise, the right of indemnity may be exercised in advance. ① The agreement for the business transactions with the Plaintiff is approved that the basic terms and conditions for the business transactions are applied, signed or signed on August 20, 2009, and concluded with the Association. The date of the agreement under Article 2 (Terms and Conditions of Agreement) and the content of the agreement with the Plaintiff and the terms and conditions of the agreement for joint and several sureties will be understood to the extent of the agreement with the Plaintiff.