채무부존재확인
1. The Plaintiff (Counterclaim Defendant)’s liability for indemnity based on the credit guarantee agreement dated June 12, 2012 against the Defendant (Counterclaim Plaintiff).
1. Facts of recognition;
A. The Plaintiff Company (B) is a “stock company A”, the head office of the Plaintiff Company (B) is “in the D market located in Guri-si C”, and the purpose of its establishment is “1. food sale and export-import business;
2. Miscellaneous sale and export/import business:
3. Food and beverage processing business, and
4. A corporation incorporated on March 13, 200, E was dissolved on December 2, 2007, when it was the only director from January 12, 2002, and was dissolved on December 3, 2010. However, F was appointed as a liquidator on November 19, 2013, and its registration record was restored. (b) A corporation (hereinafter “foreign corporation”) was the head office as “D market in the Guri-si City,” “food sales and export-import business” 1. Food sale and export-import business;
2. Miscellaneous sale and export/import business:
3. Food and beverage processing business, and
4. A corporation incorporated on December 21, 2007, E was the representative director from around 2007 to October 12, 2013, and H was the only director from December 12, 2013 to December 21, 2007.
C. Around December 2007, which was around the time of the dissolution of the Plaintiff Company and around the time of the incorporation of the Nonparty Company, eight persons, including E, were employed in the Nonparty Company, and all of them were employed in the Nonparty Company, and entered the Nonparty Company as it was. Upon the incorporation of the Nonparty Company, there was no person who joined the Nonparty Company except the above eight persons.
Upon the request of the non-party company on June 12, 2012, the Defendant provided a credit guarantee of the repayment obligation of KRW 500,000,000 to the non-party company’s national bank within the limit of KRW 450,000,000 of the loan principal until June 11, 2013. In the event the Defendant subrogated for the above loan, the Defendant agreed to receive from the non-party company the payment by subrogation and the damages for delay calculated according to the Defendant’s rate from the date of subrogation to the date of completion of the Defendant’s indemnity against the non-party company.