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(영문) 서울동부지방법원 2019.07.19 2018가단122053
구상금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 2, 2016, the Plaintiff entered into a credit guarantee agreement with a stock company B (hereinafter referred to as “foreign company”) on a loan that the non-party company received from C (hereinafter referred to as “C”) by setting a period from August 2, 2016 to August 1, 2017, with the credit guarantee principal of KRW 100,000,000, and the credit guarantee period from August 2, 2016 to August 31, 2017 (hereinafter referred to as “instant credit guarantee agreement”); and the non-party company obtained a loan of KRW 100,000,000 from C as security on August 2, 2016.

B. In concluding the instant credit guarantee agreement as a representative director of the non-party company, the Defendant entered into a transparent management performance agreement with the Plaintiff instead of not providing joint and several sureties for the said credit guarantee agreement (hereinafter “the instant transparent management agreement”).

Section 1 (Purpose) This Arrangement aims to fulfill its management obligations to the Guarantee Company in connection with the following credit guarantee arrangements:

1. Guarantee Company:B;

2. Credit guarantee agreement: A credit guarantee agreement dated August 2, 2016 (for individual trade/limit trade).

3. Guarantee principal: The gold billion won.

4. Period of guarantee (Limit Transaction): From August 2, 2016 to August 1, 2017, the contractual person under Article 2 (Management Obligations) will faithfully perform the following management obligations in lieu of a joint and several surety under a credit guarantee agreement under Article 1:

1. Compliance with finance-related laws and regulations;

2. Compliance with accounting standards;

3. Prohibition of forgery or alteration of official documents or private documents and of submitting false data;

4. Prohibition of occupational embezzlement, breach of trust, acceptance of bribe, appropriation of funds, etc.;

5. Prohibition of use of a written guarantee and a security loan prescribed in Article 1 for any other purpose;

6. Consent to new notification when disposing of at least 1/2 of the equity shares in possession as at the time of the withdrawal from management or the conclusion of a transparent management performance agreement.

7. Article 3 (Violation of Duty of Management and Responsibility of Joint and Several sureties) (1).

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