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(영문) 광주지방법원 2015.11.27 2014가단53313
구상금
Text

1. Defendant B’s KRW 85,00,000 as well as the Plaintiff’s annual rate of KRW 6% from April 22, 2014 to May 21, 2014, and May 201.

Reasons

1. Claim against the defendant A;

A. Basic facts 1) On July 15, 2009, C Co., Ltd. designated D as an intermediary wholesaler for fishery products, such as fish produced by CCo., Ltd. with D and D on July 15, 2009. In principle, D may delay the payment of the successful goods, but may delay the payment for a period not exceeding 15 days. After the grace period, C Co., Ltd. entered into an intermediary wholesaler transaction agreement with C Co., Ltd. to pay in addition to compensation for delay applying the interest rate set forth by CCo.. Upon the grace period, Defendant A, a registration director of D at the time, together with Defendant B and E, was jointly and severally guaranteed (hereinafter “joint and severally guaranteed”).

(2) On August 28, 2009, Defendant A resigned from office as director of Plaintiff D on August 28, 2009, the instant joint and several surety contract for Defendant A was terminated on or around August 31, 2009, and at the time, the credit transaction claim against C Union D was KRW 199,998,710.

3) On August 28, 2009, the Plaintiff entered into a performance guarantee insurance contract with D as to the insurance amount of KRW 200 million, and the insurance period from August 28, 2009 to August 27, 2010, with the same content as that of the above insurance amount of August 27, 2010, with the insurance amount of KRW 240 million, the insurance period of KRW 270 million from August 28, 201 to August 27, 2011; the insurance period of KRW 240 million from August 28, 201 to KRW 308,00,000; the debt insurance period of KRW 280,000,000 from August 30, 201 to August 27, 2012; and the Plaintiff entered into the said insurance period of KRW 400,000,000 within the insurance period of KRW 208,281.284.28

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