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(영문) 서울남부지방법원 2015.12.08 2014가합6276 (1)
청구이의
Text

1. On April 19, 2013, the defendant's plaintiff C and the rehabilitation debtor A as a notary public against the law firm Hongju Co., Ltd.

Reasons

1. Basic facts

A. The Plaintiff Co., Ltd is a representative director of D. D. (hereinafter “D.”) and D. (hereinafter “D.”) as a country of social system, regardless of whether the rehabilitation procedures commenced or not.

B. 1) The non-party company entered into a shipbuilding contract between the non-party company and the joint contractors (hereinafter “instant joint contractors”) on December 6, 2012, comprised of the Defendant and two companies (hereinafter “the instant joint contractors”).

B) The agreement between the non-party company and the Port Office of Cream (hereinafter “the shipbuilding agreement of this case”) on the construction of the dredging-type dredged ship with the level of 6,00 cubic meters, which the non-party company received from the Port Office of Cream (hereinafter “the dredging agreement of this case”).

(2) The Plaintiff C received KRW 300 million from the Defendant on December 13, 2012 and December 31, 2012, and used the said money as the company’s operating fund, instead of using it as a performance guarantee bond.

3) On February 19, 2013, according to the shipbuilding contract of this case, the Defendant issued a letter of guarantee for advance refund to the non-party company and the instant promissory note issuance 1) by setting the guaranteed amount from 2 companies of the ION Group S.A. and the Sstern Ltd., Inc., Ltd., Ltd., the corporation of the Republic of Korea of Costone Star, at USD 11.7 million. C. The conclusion of the instant joint and several surety contract and the issuance of the instant promissory note 1) on April 19, 2013, upon cancelling the shipbuilding contract of this case, the non-party company and the instant joint and several suppliers agreed to the following terms (hereinafter “instant agreement”). The debtor and the Plaintiff jointly and severally guaranteed the obligations of the non-party company under the instant agreement:

(hereinafter referred to as “instant joint and several guarantee contract”). The non-party company (hereinafter referred to as “A”) and two joint and several companies (hereinafter referred to as “B”) of the Defendant non-party joint and several contractors, based on the circumstances between “A” and “B”, which entered into a shipbuilding contract on December 6, 2012.

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