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(영문) 서울중앙지방법원 2020.12.04 2020가합542371

구상금

Text

The Plaintiff

A. Defendant B Co., Ltd, C Co., Ltd, E Co., Ltd., and F jointly and severally KRW 211,309,380;

(b) the defendant.

Reasons

1. Basic facts

A. The Plaintiff entered into the first limit transaction agreement of this case 1) on July 13, 2000, Defendant B Co., Ltd. (hereinafter “Defendant B”).

B) As indicated above, the total amount of KRW 5,222,100,00 (i.e., the maximum amount of guarantee KRW 2,088,840,840,840,000 for general guarantee amount of KRW 2,044,420,00 for general guarantee amount of KRW 1,044,420,00 for construction loan limit of KRW 223,098,00 for construction loan limit of KRW 223,098,00 for total amount of guarantee loan, and the term of validity of the contract: “The period from the date of the agreement to June 30, 202 until the complete termination of the Plaintiff’s claim” (hereinafter “the First Limit Trading Agreement”).

2) The Defendant C Co., Ltd. (hereinafter “Defendant C”), D (Name from “L”) and G (hereinafter “Defendant G”), and H, under the first limit transaction agreement in this case, jointly and severally guaranteed the Plaintiff’s general guarantee and payment guarantee obligations (the Defendant G also jointly and severally guaranteed the Defendant B’s loan obligations against the Plaintiff), Defendant E Co., Ltd (hereinafter “Defendant E”), and F, on January 3, 2001, jointly and severally guaranteed the said obligations against the Plaintiff under the first limit transaction agreement in Defendant B.

3) The contents of the instant instant transaction agreement are as follows. Article 5 (Liability for Compensation, etc.) ① In the event that the Plaintiff has paid the amount guaranteed to the guaranty creditor, the Plaintiff would be promptly compensated for the said amount, and the payment of a fine for negligence as stipulated by the Plaintiff’s regulations from the date following the date of payment of the deposit will be made. ② The Plaintiff would immediately repay the incidental obligations, such as the legal procedure costs, litigation costs, insurance premiums, collection fees, and fees paid by the Plaintiff pursuant to the relevant statutes and regulations, as stipulated by the Plaintiff’s regulations.