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(영문) 수원지방법원 2020.04.21 2019가단566716
구상금
Text

1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 165,228,078 and KRW 164,482,075 among them, from November 4, 2019 to March 20, 202.

Reasons

1. As to the cause of claim

A. The following facts are deemed to have been led to confessions under Article 150 of the Civil Procedure Act between the Plaintiff and the Defendant A (hereinafter “Defendant A”), and the Plaintiff and the Defendant B may either have no dispute between them, or may be acknowledged by taking into account the overall purport of each entry and pleading in subparagraphs A and B (including branch numbers).

1) On July 25, 2016, the Plaintiff and Defendant A Co., Ltd. (hereinafter “C”) with Defendant A (hereinafter “Defendant A”).

(C) The credit guarantee agreement (hereinafter “instant credit guarantee agreement”) established on July 25, 2017, with respect to the credit guarantee obligations against the Defendant, as the guaranteed principal amount to KRW 200,000,000 and the term of guarantee.

(B) The term of guarantee was changed on July 25, 2018, and July 25, 2019.

Article 2 (Defendant B’s Duty of Management) instead of fulfilling the following transparent management obligations in lieu of the joint and several sureties for the Credit Guarantee Agreement in this case:

1. Compliance with accounting standards;

4. Prohibition of use of credit guarantee services for purposes other than those of mortgage loans prescribed in Article 5;

7. In cases where he/she violates Article 4 (Violation of Business Management and Joint and Several sureties Liability) (1) In cases where he/she violates the transparent management obligation prescribed in Article 2, Defendant B shall bear the liability for guarantee jointly and severally with Defendant A for the obligations prescribed in the credit guarantee agreement of this case from the date on which the violation occurs

Article 5 (Prohibition of Use of Security Loans for purposes other than as a security loan) ① Defendant B and Defendant A shall submit a plan to execute (use) a security loan under the credit guarantee agreement of this case, and shall implement it in good faith.

2) On July 25, 2016, Defendant B, a representative director of Defendant A, entered into an agreement between the Plaintiff on the transparent management performance and the guarantee and division termination (hereinafter “instant transparent management agreement”).

(3) Defendant B entered into the instant transparent management agreement. The key content of the instant transparent management agreement is as follows:

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