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(영문) 대전지방법원 2015.01.28 2014가합103415

약정금

Text

1. Defendants 1. C, 2. E, and 3.F shall be jointly and severally liable to the Plaintiff for KRW 18,000,000, and this shall be jointly and severally liable to the Plaintiff.

Reasons

1. Basic facts

A. On January 21, 2010, the Plaintiff (mutual name: B) was a company that combines the part of the electrical construction business (electronic construction and equipment) divided by the Plaintiff (hereinafter “I”) from the Plaintiff, etc., Defendant C Co., Ltd. (hereinafter “Defendant C Co., Ltd.”) established the Defendant E Co., Ltd. (hereinafter “Defendant E Co., Ltd”) by dividing that part of the company on December 14, 2010, with the purpose of the transfer, acquisition, and new agency business, etc. of electrical construction business; Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”). Defendant F is a director (period: from July 21, 2009 to June 21, 2010) of the Defendant Co., Ltd. before the division; and Defendant G (Name name: H) is a person who holds office as the representative director of I (the period: from November 25, 2011 to November 25, 2010).

B. I’s debt 1) The I shall enter into a credit guarantee agreement with the Credit Guarantee Fund on December 31, 2008 (hereinafter “the instant credit guarantee agreement”).

Defendant H concluded a credit guarantee agreement at the time, and Defendant H jointly and severally guaranteed the obligation of the I under the credit guarantee agreement of this case. Following that, I submitted a credit guarantee statement received from the Credit Guarantee Fund as security and submitted it to Korea Bank (hereinafter “Korea Bank”).

(2) On November 16, 2007, the Seoul Northern District Court Decision 2007Ma9074 delivered 35,439,399 won to I on November 19, 2007, and on April 5, 2012, the Credit Guarantee Fund subrogated 28,123,677 won to the Bank on April 5, 2012 in accordance with the Credit Guarantee Agreement. 2) On November 16, 2007, the Republic of Korea Northern District Court Decision 2007Da9074, J against I, as Seoul Northern District Court Decision 2007Da3920, the above order was served on I on November 19, 207 with attachment and assignment of 35,439,00 won, and on October 28, 2008, the Seoul Northern Northern District Court Decision 2000Da392008.