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(영문) 서울중앙지방법원 2019.08.30 2019가합507167
구상금
Text

1. The Defendants jointly and severally committed against the Plaintiff KRW 213,480,968 and Defendant B corporation from February 21, 2014.

Reasons

1. Facts of recognition;

A. On July 11, 2008, the Plaintiff entered into a limited transaction agreement (hereinafter “the first limit transaction agreement of this case”) with Defendant B Co., Ltd. (hereinafter “Defendant B”), which read “the agreed period: from July 11, 2008 to July 10, 201; the guarantee limit: 4,470,480,000 won; and the loan limit (operating funds: KRW 202,160,000; KRW 280,000; KRW 280,000)” (hereinafter “the first limit transaction agreement of this case”); Defendant C and D jointly and severally guaranteed the first limit transaction agreement of this case.

B. On November 24, 2008, the Plaintiff entered into a limited trading agreement (hereinafter “the second limit trading agreement of this case”) with Defendant B as “the period of agreement: from November 24, 2008 to November 23, 201:3,973,760,000 won: limit of loans (operating funds: KRW 202,160,000; KRW 280,000 for bill discount: KRW 280,000),” and Defendant E jointly and severally guaranteed the second limit trading agreement of this case.

C. Of the contents of the First and Second Limit Trading Agreement, the contents pertaining to the instant case are as follows.

Article 1 (Establishment of Agreement) (1) Agreements for business transactions with a union (Plaintiff) shall be concluded by approving that the basic terms and conditions of business transactions apply, signing and sealing or signing on this Agreement, and submitting them to the union.

Article 2 (Contents of Agreement) ① (1) (Omission of Agreement) (2) In the event that the agreed amount falls due to a change in the structure of an association or in the level of guarantee of the agreed person during the agreed period, the agreed amount shall be reduced or the agreed period shall not be raised even through transactions.

(3) The liability of the contractor (Defendant B) shall be valid until the liability to the partnership is extinguished even after the agreed period expires.

Article 3 (Performance of Obligations) (1) Where a union has paid a security deposit to a guarantee creditor, the agreed person shall pay the security deposit immediately, and the loan shall be repaid on the fixed date.

(2) Where the performance of obligations is delayed, the agreed person shall pay all the damages for delay and all the expenses paid by the partnership.

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