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(영문) 서울동부지방법원 2019.10.23 2018가단105591
구상금
Text

1. The Defendant is jointly and severally with the Plaintiff, as to KRW 101,776,84, and KRW 101,50,684 among them, as well as the Plaintiff, on August 22, 2017.

Reasons

1. Facts of recognition;

A. On May 30, 2016, the Plaintiff entered into a credit guarantee agreement with B Co., Ltd. (hereinafter “Nonindicted Company”) on a credit guarantee principal of KRW 100,00,000, and the credit guarantee period from May 30, 2016 to May 29, 2017 with respect to a loan granted by the Nonparty Company C (hereinafter “C”) (hereinafter “the instant credit guarantee agreement”), and issued, under the said credit guarantee agreement, a letter of credit guarantee that guarantees the guarantee period from May 30, 2016 to May 29, 2017.

B. On May 31, 2016, Nonparty Company borrowed KRW 100,000,000 from C with the said credit guarantee certificate as security.

C. In concluding the instant credit guarantee agreement as the 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”).

Article 2 (Management Obligations) The contractr will faithfully perform the following management obligations instead of the joint and several sureties 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. 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 and severally with the guaranteed enterprise for the obligations prescribed in the credit guarantee agreement under Article 1 from the date on which the cause

(2) The provisions of paragraph (1).

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