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(영문) 서울중앙지방법원 2020.06.05 2019가단5083331
구상금 및 사해행위 취소 등
Text

1. Defendant A and Defendant B jointly and severally against the Plaintiff KRW 166,072,94 and KRW 164,658,356 among them.

Reasons

1. Facts of recognition;

A. The Plaintiff is a financial institution that has concluded a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd.”). Defendant B is the representative director of Defendant Co., Ltd.

Defendant C is a creditor of the establishment of the provisional registration of the right to claim the transfer of ownership at the time as a security for each real estate listed in the separate sheet from the Defendant Company (hereinafter “instant real estate”).

B. (1) On December 23, 2016, the Plaintiff and the Defendant Company entered into a credit guarantee agreement with the Plaintiff on December 22, 2017, setting the guarantee amount as KRW 180,00,00, and delay damages rate as 10% per annum, and thereafter, the period for the guarantee of the said credit guarantee agreement has been extended until December 22, 2018. The Defendant Company, when the Plaintiff performed the guarantee obligation under the said credit guarantee agreement, paid all incidental obligations, such as the amount of subrogation, penalty, and legal procedure expenses paid by the Plaintiff. (2) The Defendant Company, on behalf of the Defendant Company, concluded the said credit guarantee agreement on behalf of the said Defendant Company, and concluded a transparent management performance agreement with the Plaintiff (hereinafter “Transparency management agreement”).

[Mains of this case’s transparent management agreement] Article 2 (Management Obligations) of the Agreements to fulfill the following management obligations in good faith instead of not complying with joint and several sureties under the 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 the use of a letter of guarantee and a loan for security as prescribed in Article 1; and

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