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(영문) 서울중앙지방법원 2020.09.15 2020가단5095309
구상금
Text

The defendants jointly and severally against the plaintiff 305,065,696 won and 304,178,026 won among them.

Reasons

1. Facts of recognition;

A. The Plaintiff entered into a credit guarantee agreement with Defendant Company A (representative director B; hereinafter “Defendant Company”) on November 15, 2017 pursuant to the credit guarantee agreement and provision of loan. The Plaintiff issued a credit guarantee agreement with Defendant Company C, the guaranteed number C, the guaranteed amount of KRW 300,000,000, and the guaranteed period of November 15, 2018 (up to November 15, 2019 thereafter), and provided a credit guarantee for principal and interest obligations to be borne by Defendant Company by receiving a loan from D Bank (hereinafter “Nonindicted Bank”).

(2) According to the credit guarantee agreement of this case, when the Plaintiff performed the above guaranteed obligation, the Defendant Company agreed to pay to the Plaintiff all incidental obligations, including the amount subrogated by the Plaintiff, damages after the date of performance, the amount of guarantee fees for the guaranteed amount not terminated, the additional guarantee fees calculated by adding a certain percentage of the application rate of the relevant proposed guarantee fee from the day following the date of payment of guarantee fees for the guaranteed amount to the day before the expiration date of guarantee, and other legal procedure expenses paid by the Plaintiff.

Article 2 (Duty to Maintain Management) The Arrangements will perform the following transparent management obligations instead of the joint and several suretiess for the Guarantee Agreements under Article I.

5. The representative, resignation (including withdrawal from the actual management), or one half or more of the shares in possession as of the date of this agreement, shall be disposed of, and Article 4 (Violation of the Obligations for Investment Management and the Responsibility for Joint and Several sureties) (1) If the contractor violates the transparency management obligations provided for in Article 2, he/she shall be jointly and severally liable with the surety for the obligations provided for in the Guarantee Agreement under Article 1 from the date of the occurrence of

(2) Where joint and several liability is borne under paragraph (1), each provision of the written guarantee agreement on indication under Article 1 shall be approved.

Fidelity Credit Guarantee Agreement between the Plaintiff and the Loan Bank.

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