회생채권조사확정재판이의
1. The judgment of the court of first instance is modified as follows.
Seoul Central District Court 21 January 22, 2014 2012 Ma4343.
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence 1 to 6, and Eul evidence 1 to 10:
1) F Co., Ltd. (hereinafter “F”)
G Co., Ltd. (hereinafter “G”) on March 26, 2008
B) Between F and G, with the implementer and G as the contractor, the G as the contractor, the H G, the G, the G, the construction of the new collective housing (hereinafter referred to as the “instant project”).
(2) On March 26, 2008, F entered into a loan agreement with the Plaintiff, etc. to receive KRW 51,000,000 from the Plaintiff, etc. (hereinafter “the instant loan”). At the time, G jointly and severally guaranteed the instant loan obligation.
B. J’s acquisition of the instant business rights, etc. 1) J Co., Ltd. (hereinafter “J”).
On June 24, 2010, F, G, Plaintiff et al. entered into the “Agreement on the Transfer of her status as a project executor and the assumption of obligations for the instant loans against F et al.” with the purport that “The J takes over the instant loans against F et al. at the same time as the executor’s status is transferred from F.” Accordingly, J, F, G, and Plaintiff et al. entered into the first modified agreement on the instant business agreement and the instant loan agreement by changing the terms and conditions of the instant loan agreement.
3) On June 24, 2010, G acquired a total of 30,00 shares issued by J from F to become one of the shareholders of J. D. D. The circumstances of F, etc. F, such as the conclusion of the instant monetary supplement agreement, become worse, making it impossible to properly carry out the instant project due to the aggravation of the circumstances of F, and, in order to ensure the smooth progress of the instant project and the ability to repay the loans, F is excluded from the instant business agreement and the instant loan agreement, and F is an implementer of K Co., Ltd. entrusted with the instant project by J, and J.