(영문) 창원지방법원 2020.06.04 2019가단115030

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(영문) 창원지방법원 2020.06.04 2019가단115030

구상금

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1. As to KRW 274,983,317 and KRW 273,049,00 among the Plaintiff, the Defendant shall annually year from October 12, 2018 to March 31, 2019.

Reasons

1. Basic facts

A. On July 21, 2016, the Plaintiff entered into a credit guarantee agreement with B (hereinafter “instant guarantee agreement”) stipulating that the Plaintiff’s performance of the obligation to repay loans to B against C shall be KRW 270,000,000, and the guarantee period shall be from July 21, 2016 to July 20, 2017 (hereinafter “instant guarantee agreement”).

B. At the time of the above guarantee agreement, the Plaintiff entered into a transparent management performance agreement with the Defendant (hereinafter “instant performance agreement”) instead of putting the Defendant as a joint and several surety for the performance of the obligation owed by B to the Plaintiff in relation to the said guarantee agreement.

The instant implementation agreement includes the following provisions:

Article 2 (Management Obligations) of the Agreement on Performance of transparent Management shall, instead of complying with the joint and several sureties under the credit guarantee agreement referred to in Article 1, faithfully perform the following management obligations:

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. Where he/she violates Article 3 (Violation of Duty of Management and Responsibility for Joint and Several sureties) (1) In cases of violating the management obligation prescribed in Article 2, the contractor shall be held liable for a guarantee jointly with the guaranteed enterprise for the obligations prescribed in the credit guarantee agreement under Article 1 from the date on which the violation occurs.

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

(3) Where a new notice of a violation of management obligation in the new notice reaches the agreed person, the agreed person shall assume joint and several liability.

Provided, That in any of the following cases, the agreed person shall be a joint and several surety without any separate notice:

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