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(영문) 대전지방법원 2015.11.11 2015가합101423
구상금
Text

1. The Plaintiff:

A. As to Defendant A’s KRW 4,891,717,114 and KRW 3,292,410,957 among them:

B. Defendant B is the defendant A.

Reasons

Basic Facts

As a result, the Plaintiff entered into a guarantee obligation agreement with C Co., Ltd. (hereinafter referred to as “C”), as shown in attached Table 1, and entered into an agreement on the guarantee obligation (hereinafter referred to as “agreement on each of the instant guaranteed obligations”) with C Co., Ltd. to pay all of the incidental obligations, such as the amount of subrogation, damages for delay in accordance with the interest rate determined by the Plaintiff, substitute payments for the Plaintiff, legal procedure expenses paid by the Plaintiff, and litigation expenses.

Accordingly, the plaintiff issued C each obligation warranty bond (hereinafter "each obligation warranty bond of this case") to C.

Defendant A jointly and severally guaranteed each obligation of indemnity to be borne by the Plaintiff in accordance with each of the guaranteed obligations agreements in this case.

On November 28, 1997, the Plaintiff entered into a guarantee agreement with C on the guarantee limit (excluding sale guarantee and loan guarantee), 212,683,644,000 won, and the credit transaction guarantee agreement between November 28, 1997 and November 27, 1998, the term of validity of the agreement (hereinafter “limit Guarantee Agreement”). The Defendants jointly and severally guaranteed the indemnity obligation that C shall bear to the Plaintiff in accordance with the Limit Guarantee Agreement.

The main contents of the instant maximum guarantee agreement are as follows.

Article 3 The term of validity of this Agreement shall be the term of validity of this Agreement from November 28, 1997 to November 27, 1998 by the term of validity of the letter of guarantee issued by the plaintiff.

(C) the instrument of guarantee issued, provided that, even after the expiration of the term of guarantee, if the obligation to be borne by the agreed person (C) is not terminated, the obligation is in force until the termination of the obligation;

b. Article 4 (Application for and issuance of a Guarantee. (1) The Plaintiff’s written guarantee concerning various guarantees shall, upon application by the agreed person (C), be subject to the applicable limit of Article 2.

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