대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On September 23, 2010, the Japanese Savings Bank (hereinafter “Japan Savings Bank”) extended the term of the instant loan by June 13, 2012 to B (hereinafter “instant loan”) on June 13, 2008, with the maturity of June 13, 2009; the interest rate of 10% per annum; and the interest rate of 25% per annum; and the interest rate of 25% per annum (hereinafter “instant loan”); and on June 13, 2011, with the maturity of the instant loan extended by January 13, 2012.
B. On June 15, 2009, C entered into a comprehensive collateral guarantee contract with the Japanese Savings Bank and the Japanese Savings Bank to guarantee the performance of all obligations related to credit transactions currently and future. On June 13, 2011, C signed and sealed the application for extension of the due date as a joint and several surety at the time of the extension of the maturity of the instant loan.
C as of December 2, 2011 and December 2012, 2012, Company D (hereinafter “D”) held 30% of the shares, and was the largest shareholder of Company D (hereinafter “D”).
C. The Defendant is a company established on December 20, 2012 for the purpose of running the business of producing and selling high-Robbery files.
On February 1, 2013, the Defendant acquired business rights, assets, and debts of the Kimpo-si E (hereinafter “instant factory”) located in B and B (hereinafter “instant factory”), and entered into a business takeover agreement (hereinafter “the instant business takeover agreement”) with the purport to lease all of the site, ground buildings, and manufacturing facilities of the instant factory at KRW 150,000,000, monthly rent, and then, (hereinafter “the instant business takeover agreement”). The Defendant is running the business takeover agreement using the instant factory until now.
The Japanese Savings Bank was declared bankrupt on September 7, 2012 by the Seoul Central District Court 2012Hahap96, and the plaintiff is the trustee in bankruptcy of the Japanese Savings Bank from the above court.