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(영문) 부산지방법원동부지원 2019.02.18 2018가단201353
구상금
Text

1. The Defendant shall jointly and severally with the Plaintiff as to KRW 299,812,289 and KRW 299,263,858 among them.

Reasons

1. On May 27, 2016, the Plaintiff entered into a credit guarantee agreement (hereinafter “instant credit guarantee agreement”) with C Co., Ltd. (hereinafter “Nonindicted Company”) with each of the credit guarantee agreements and the amount guaranteed as of May 26, 2017 (hereinafter “the first credit guarantee agreement”) as of May 26, 2017, with the respective credit guarantee agreements and the amount guaranteed as of May 26, 2017 (hereinafter “the first credit guarantee agreement”).

Under each credit guarantee agreement of this case, the non-party company provided each credit guarantee certificate issued by the plaintiff to the D Bank as security and borrowed KRW 330,000,000.

At the time of each credit guarantee agreement in this case, the Defendant entered into a transparent management performance agreement (hereinafter “the transparent management agreement in this case”) with the content of the following, instead of entering into a joint and several guarantee agreement for each of the credit guarantee agreements in this case as the actual operator of the non-party company as the actual operator of the non-party company, and entered into an agreement with B on May 24, 2017, on which the Defendant transferred all of the shares of the Defendant to B without the Plaintiff’s consent, and thereafter resigned from the representative director, on May 24, 2017 (hereinafter “joint and several guarantee agreement in this case”).

In receiving a credit guarantee under Article 1 from the Korea Credit Guarantee Fund (hereinafter referred to as the "Credit Guarantee Fund"), the contract party promises to faithfully perform the obligation to carry out the indication management under 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 in lieu of the joint and several sureties. If the contract is violated, the obligation provided for in the Credit Guarantee Agreement in Article 1 shall be jointly and severally and severally with the guaranteed enterprise and the performance of the obligation shall also be fulfilled.

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