연대보증채무 이행청구의 소
1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
1. Basic facts
A. 1 Conclusion of a lease contract and a guarantee contract 1) Treatment Automobile Sales Co., Ltd. (hereinafter “Treatment Automobile Sales prior to division”).
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”).
(C) A deposit received KRW 150,000,000 from C as a deposit for lease and delivered the instant land to C on July 1, 2010. The deposit for lease: KRW 150,000,000: From July 1, 2010 to December 31, 2010, KRW 27,645,750 (including value-added tax; hereinafter the same shall apply).
() On January 1, 201, from January 1 to December 31, 2012, the rent payment date of KRW 32,018,250: The lease period as of the last day of each month: from July 1, 2010 to December 31, 2012: 24% per annum from the date of delay to the date of December 31, 2012: the Defendants jointly and severally and severally guaranteed the obligation owed by C to the sale of Daewoo Motor Vehicles before subdivision under the instant lease agreement (hereinafter “joint and severally guaranteed obligation”).
B. The Plaintiff’s establishment and succession of the right pursuant to the rehabilitation procedure for the sale of Daewoo Motor Vehicles before division (1) was decided on August 10, 201 by the Seoul Central District Court 201Mo105, and the rehabilitation plan was approved on December 9, 201 (hereinafter “instant rehabilitation plan”).
2) According to the instant rehabilitation plan, the bus sales business division and construction business division are separated from the bus sales business division and the bus sales company (mutual name is referred to as “treatment Automobile Sales Co., Ltd.,” and is the same as Daewoo Automobile Sales Co., Ltd., which was established before the division; hereinafter “the construction company”) pursuant to Article 212 of the Debtor Rehabilitation and Bankruptcy Act, and the remaining corporation’s trade name is referred to as “treated Automobile Sales Co., Ltd.,” and the remaining corporation.