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(영문) 서울남부지방법원 2016.08.18 2015가합108254

보증채무 및 채권자대위

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1. The part of the Plaintiff’s lawsuit against Defendant B, which was 158,930,652 won, shall be dismissed.

2. Defendant A shall be the Plaintiff on 500.

Reasons

Basic Facts

On June 17, 2013, the Plaintiff’s claim against Defendant A, prepared and delivered a written consent of joint and several liability with Defendant A to the effect that “The Plaintiff would repay within six months jointly and severally with C within the limit of KRW 800 million out of the amount of promissory notes worth KRW 3 billion issued by C”.

On October 27, 1971, Defendant A and Defendant B established D in Jung-gu, Jung-gu, Seoul. On October 4, 1989, E Co., Ltd. established E Co., Ltd., but on December 24, 1998, the trade name of the above Co., Ltd. is Defendant B or below.

Defendant A changed to a major shareholder and representative director from the time of establishment of the Defendant Company. Defendant A was indicted under the name of a crime, such as violation of the Financial Investment Services and Capital Markets Act, around August 2013. On August 12, 2014, an appellate court (Seoul High Court 2014No605, 2014No103, a consolidation) sentenced two years of imprisonment and became final and conclusive on August 20, 2014. Defendant A resigned from the representative director of the Defendant Company on December 6, 2013. The main contents of the provisions on the payment of retirement allowances for executives of the Defendant Company are as follows. The term “executive” in Article 2 (Definition of Officers) refers to a registered director and auditor at the general meeting of shareholders appointed at the meeting of shareholders, and an executive officer appointed by the company regulations. The actual time of retirement of an executive officer under Article 3 (Timing of Retirement”) shall be calculated (the payment rate of average wages for less than one year from the date of expiration of his/her service, retirement allowance, and retirement allowance payment rate for less than one year (one year).

(i) Article 8 (Payments for which payment is restricted).