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(영문) 서울중앙지방법원 2014.11.21 2014가합14516
구상금 등
Text

1. The Plaintiff:

A. Defendant A Co., Ltd., B, C, D, E, and F are jointly and severally liable for 53,000,000 won and 13,000 of them.

Reasons

1. On September 1, 2001, the guarantee limit (unit: the guarantee limit) of the general guarantee of tender payment for the period of guarantee (unit: 6,59,650,500 on September 1, 2001, 6,591,000 on September 1, 2001 or on June 30, 2002 from September 1, 2001 to June 30, 2002, 12,840,000,000,000, 38,520,000,000, 860,560,000,000 on July 26, 2002 to June 20, 2004.

The Plaintiff and H Co., Ltd. (hereinafter “H”) entered into each limited trading agreement (hereinafter “each of the instant limited trading agreements”) with the Plaintiff within the scope of the limit agreed upon by H, and Defendant A Co., Ltd. (hereinafter “Defendant A”), B Co., Ltd. (hereinafter “Defendant B”), C, D, E, and F jointly and severally guaranteed the obligation of indemnity against the Plaintiff based on the respective limited trading agreements.

B. The contents of each limit trading agreement of this case and the basic terms and conditions of business transactions applicable to each limit trading agreement of this case are as follows.

Article 1 (Establishment of Agreement) of the Agreement on Trade in this case (H) approves that the basic terms and conditions of trade in business kept in the Association apply, and submission to the Association (Plaintiff) after signing and sealing or signing the agreement in question shall be made by the Association with its consent.

Article 5 (Liability of Joint Guaranteeer) (2) Any objection may not be raised even if the contract term expires with respect to the matters guaranteed within the contract term, as well as a demand for repayment of obligation or legal measures in preference to the other party to the contract.

See the evidence No. 17 of the General Terms and Conditions for Business Transactions A, the Plaintiff submitted the Basic Terms and Conditions for Business Transactions with Gap No. 7, but thereafter asserted as the Basic Terms and Conditions for Business Transactions, which were applied at the time of the conclusion of each of the instant Limit Agreements, and submitted Gap No. 17.

Article 150 of the Civil Procedure Act applies between the Plaintiff and the Defendant A, B, C, and E, although it is unclear what the terms and conditions applied at the time of the conclusion of each limit transaction agreement in this case are the evidence Nos. 7 and No. 17.

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