연대보증채무 이행청구의 소
1. The Defendants jointly and severally liable to the Plaintiff KRW 397,646,000 and the amount among them
(a) As regards KRW 13,427,008, January 1, 2012;
1. Basic facts
(a) Conclusion of a lease and guarantee agreement; 1) Treatment Automobile Sales Co., Ltd. (hereinafter “Treatment Automobile Sales”).
on May 17, 2010, C Co., Ltd. (hereinafter referred to as “C”)
A) Of 33,901 square meters in Yeonsu-gu Incheon Metropolitan City D Miscellaneous land, 25,636 square meters in size (hereinafter “instant land”).
2) A lease agreement was concluded with the following terms (hereinafter “instant lease agreement”).
(B) On July 1, 2010, the instant land was delivered to C. The lease deposit amount: KRW 150,000,000: From July 1, 2010 to December 31, 2010 (including value-added tax; hereinafter the same shall apply) KRW 27,645,750 on December 31, 2010.
() The rent payment date of KRW 32,018,250 from January 1, 201 to December 31, 2012: the lease period as of the end of each month: from July 1, 2010 to December 31, 2012: 24% per annum from the date of delay: the Defendants jointly and severally and severally guaranteed the obligations owed by C with the internal directors at the time of entering into the instant lease agreement, as of May 17, 2010.
B. On August 10, 2011, the Plaintiff’s establishment and succession to the right following the rehabilitation procedure for the sale of Daewoo Motor Vehicles was decided to commence rehabilitation procedures as Seoul Central District Court 201 Gohap105, and the rehabilitation plan was approved on December 10, 201 (hereinafter “instant rehabilitation plan”).
(2) According to the instant rehabilitation plan, the bus sales company and the construction company were established by separating the bus sales company from the construction company among the business sector of the Daewoo Motor Vehicle Sales pursuant to Article 212 of the Debtor Rehabilitation and Bankruptcy Act, and the remaining corporation continues to carry on the service route development business, and the new corporation is expected to have the assets related to the pertinent sector transferred, respectively.
(2) In order to divide a company into a surviving corporation and a company prior to division, the company prior to division shall be deemed to be the “sale of Daewoo Motor Vehicles before division,” and the surviving corporation shall be deemed to be the “sale of Daewoo Motor Vehicles after division.” The Plaintiff is the sale of Daewoo Motor Vehicles prior to division on December 19, 201 according to the above rehabilitation plan.