구상금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Recognizing the facts, KSTN Co., Ltd. (hereinafter “K”) entered into a contract between E limited partnership companies (hereinafter “E”) and F.F. oriental medical construction contracts, and G Co., Ltd. (hereinafter “Plaintiff”) whose representative director is the Plaintiff’s company (hereinafter “Plaintiff”) jointly and severally guaranteed the subcontract for E case.
After that, the conciliation was concluded on November 25, 2009, with the purport that the Plaintiff participated in the conciliation intervenor and the Plaintiff shall pay the amount of KRW 220 million in installments with the Plaintiff Company jointly and severally with the Plaintiff Company.
Therefore, the Plaintiff paid the remainder amount of KRW 30 million to Kti as of November 2009, including the payment of KRW 30 million to Kti by August 2012, and paid the full amount of KRW 220 million according to the mediation protocol.
E discontinued on the ground of a business depression in September 2009, but did not yet register the dissolution thereof.
The Defendants are limited partners of E.
[Ground for Recognition: Facts without dispute, Gap 1 through 4 (including each number), Eul 1, the purport of the whole pleadings]
2. The Plaintiff’s determination on the claim asserts that, as he/she subrogated for the obligation he/she has to pay to the case, he/she has the claim equivalent to KRW 220 million by subrogation for E. The Defendants, who are limited partners of E, are liable to pay the company’s liability within the limit of the amount calculated by deducting the already paid portion from the value of investment in accordance with Article 279(1) of the Commercial Act, and seek payment of the amount equivalent to the claim stated in the purport of the claim against the Defendants.
In addition, according to the corporate register of E, the defendants, who are limited partners, are stated to have fulfilled their investment obligations in full (No. 5, the purport of the whole pleadings). Thus, as long as the defendants fulfilled their investment obligations, the plaintiff's claim against the defendants is filed.