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(영문) 의정부지방법원고양지원 2016.01.15 2015가단70177

구상금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 23, 2006, the Plaintiff entered into a credit guarantee agreement with the non-party company B (hereinafter “non-party company”) for the purpose of wholesale and retail business of computer peripheral devices, etc. with respect to the loan obligations to the non-party company to our bank. The non-party C, the representative director of the non-party company, and his wife and D, the registration director, jointly and severally guaranteed the above credit guarantee agreement, and the non-party company lost the benefit of time for the above loan (hereinafter “the instant credit guarantee accident”), and on April 10, 2012, the Plaintiff subrogated for the loan obligations of the non-party company by subrogation.

B. After that, in the case of the Plaintiff’s non-party company, C, and D’s claim for reimbursement, the Seoul Central District Court 2012dan5101650 decided December 27, 2012, the judgment ordering the payment of KRW 269,469,443 and damages for delay thereof was rendered and finalized as it is.

C. Meanwhile, the Defendant’s purpose is to sell sound equipment and appliances, wholesale and retail business, sales of computer peripheral devices, wholesale and retail business, etc., and the location of the headquarters is “Frane in Yongsan-gu Seoul, Seoul, 22 Dong 7039,” which is the same as the location of the headquarters of the Nonparty Company, was established on November 17, 201, and registered on November 30, 201. At the time of its establishment, D was the only internal director, and registered on November 1, 201. < Amended by Presidential Decree No. 24817, Nov. 4, 2013>

【Ground of recognition】 The fact that there has been no dispute, Gap 1 through 6, 9, 10 certificates (including virtual numbers) and the purport of the whole pleadings

2. Determination

A. The summary of the Plaintiff’s assertion is a corporation established by C for the purpose of evading debts immediately before the occurrence of the instant credit guarantee accident, and the location of the non-party company’s business purpose, main products, and assets at the time of incorporation are identical to that of the non-party company, and as such, the non-party company’s goodwill, technical skills, and assets are succeeded to as they

B. The summary of the defendant's assertion is as follows: C and D.