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(영문) 수원지방법원 2020.04.29 2020가단511460
구상금
Text

1. The Defendant jointly and severally with the Plaintiff, as to KRW 91,59,59 and KRW 90,543,396, among them, shall be jointly and severally with the Defendant Company B, as to September 26, 2019.

Reasons

1. Determination as to the cause of claim

A. (1) In order to secure the principal and interest of loans to the non-party company B (hereinafter “non-party company”) on May 25, 2017, and the non-party company C Bank, the Plaintiff entered into a guarantee agreement with a guarantee agreement with a maturity of KRW 100 million, and issued a guarantee agreement with a maturity of May 24, 2019 (hereinafter “the instant guarantee agreement”). The non-party company borrowed KRW 100,000,000 from D Bank as collateral on the same day.

The contract-holder (referring to the defendant; hereinafter referred to as the "contract-holder") promises to faithfully perform the duty of transparency in the indication of Article 2 in order to create a sound and transparent enterprise without entering the guarantee of Article 1 as a joint and several surety by the plaintiff (referring to the non-party company; hereinafter referred to as the "guaranteeer") in receipt of the guarantee of Article 1 from the plaintiff. If the violation is committed, the contract-holder shall be jointly and severally liable with the Guaranteeer for the obligations specified in the Guarantee Agreement, and each of the provisions of this Agreement shall be promised.

Section 1 (Purpose) This Arrangement aims to carry out transparent management for the client in connection with the following guarantee arrangements:

1. Guarantee requester: Nonparty company;

2. Guarantee agreement: An agreement on guarantee concluded on May 25, 2017;

3. Principal of credit guarantee: KRW 100 million.

4. Term of credit guarantee: From May 25, 2017 to May 24, 2019, the contractor under Article 2 (Duty to Provide Management) will fulfill the following transparent management obligations instead of complying with the joint and several guarantee under Article 1:

5. In disposing of the representative resignation (including withdrawal from actual management) or one half or more of the shares in possession as of the date of this agreement, Article 4 (Violation of Duty of Management and Responsibility for Joint and Several sureties) (1) If the contractor violates the transparency management obligation prescribed in Article 2, the contractor shall be jointly and severally liable for the obligation stipulated in the guarantee agreement under Article 1 from the date of occurrence of the violation.

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