beta
(영문) 서울중앙지방법원 2014.05.02 2012가합12035

연대보증금

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The party status network C (hereinafter “the deceased”) is a major shareholder of E Co., Ltd. (hereinafter “E”), Defendant B is a representative of C as the deceased’s form. F was a representative director of E (from June 30, 2005 to July 7, 2006), and G was a representative director of H Co., Ltd. (hereinafter “H”) and entered into an all-inclusive share swap contract with E on July 18, 2005, and the Plaintiff is a person who lent and invested money to G.

B. 1) The Plaintiff: (a) extended 150,000,000 UN to G; and (b) paid 150,000,000,000 UN on several occasions during the period of money transactions with G on September 19, 2003, G settled accounts for investments, loans, and expenses incurred in the course of transactions with G during the period of September 19, 2003; and (c) thereby, G is 335,00,000 UN (hereinafter “settlement accounts”).

(2) On August 11, 2005, G borrowed 3 billion won from Defendant B to the Plaintiff, and repaid 150,000,000, which is part of the settlement amount to the Plaintiff, and the remaining settlement amount between the Plaintiff and the Plaintiff was 170,000,000, and the Plaintiff agreed to pay 170,000 August 11, 2006. Defendant B and the Deceased (hereinafter “Defendant B, etc.”) jointly and severally guaranteed the Plaintiff’s obligation to pay 170,00,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.

C. On April 1, 2012, the deceased’s inheritor’s qualified acceptance of inheritance and renunciation of inheritance died on April 1, 2012, the Defendants and N, who were the mother and sibling, were the inheritors, and the deceased’s refusal of inheritance on August 1, 2012, and the same month.

3. The report on the qualified acceptance of inheritance by Defendant D respectively.