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(영문) 부산지방법원 동부지원 2021.03.25 2020가단210893
구상금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 357,300,495 and KRW 355,492,768, respectively.

Reasons

1. Basic facts

A. The Plaintiff entered into a guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on April 5, 201, setting the amount of KRW 630,00,000, and issued a guarantee agreement on general loan granted by the Defendant Co., Ltd. on April 5, 2017; pursuant to the said guarantee agreement, on April 4, 2025, the guaranteed amount of KRW 630,000,000; on September 18, 2018, the Defendant Co., Ltd. issued a guarantee agreement on the balance of KRW 100,000,000 to KRW 0; on September 14, 2018; on September 10, 2018, the Defendant Co., Ltd. received KRW 00,000,000 from the Bank; on September 14, 2018; on September 10, 2019, the Defendant Co., Ltd. issued a guarantee agreement on each of KRW 010.

(c)

At the time of the instant guarantee agreement, Defendant B entered into an agreement on the performance of management (liability) (hereinafter “instant implementation agreement”) with the Plaintiff to the following purport instead of not conducting joint and several guarantee of each of the above guarantee agreements as the representative director of the Defendant Company:

Article 2 (Management Obligations) The Arrangements under Article 2 (Management Obligations) of the Agreement on the Performance of Management will perform the following transparent management obligations instead of not complying with the joint and several sureties for the Guarantee Agreement under Article 1:

5. Consent to resignation of the representative (including withdrawal from actual management) or consent to reporting when disposing of not less than 1/2 of the shares in possession as of the date of conclusion of this Agreement.

7. Any other serious acts in violation of the management transparency (responsibility) (1) The grounds for a violation of the management obligation provided for in Article 2.

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