구상채권 연대책임 청구
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. The Plaintiff entered into a credit guarantee agreement between the Plaintiff and Nonparty A and the Plaintiff’s subrogation, etc. 1) from April 2005 to March 2010, the Plaintiff is a stock company A (title “stock company E” at the time, and “A” hereinafter).
(3) A credit guarantee agreement is concluded on four occasions (a total of 890 million won; hereinafter referred to as “each credit guarantee agreement in this case”).
A) Under each of the above credit guarantee agreements, A issued a credit guarantee agreement to A, and A received a loan from an enterprise bank as security. On the other hand, B (titled “F” or “B” or “B”; hereinafter referred to as “B”).
(2) On December 1, 2010, C guaranteed A’s obligation to the Plaintiff under each credit guarantee agreement of this case. (2) A lost the benefit of each of the above loans due to the suspension of current account transactions on December 1, 2010, and the Plaintiff subrogated for KRW 894,789,463 in total to a corporate bank on January 13, 2011 in accordance with each of the credit guarantee agreements of this case, and collected KRW 1,012,440 among them.
3) Each credit guarantee agreement of this case provides that, in the event that a plaintiff subrogated for a loan obligation of A, A and joint guarantor are obligated to pay to the plaintiff the amount of subrogated, delayed payment from the date of repayment of the subrogated amount, damages for delay of agreement, penalty for breach of contract, expenses for legal procedure, etc. B. A, H and the defendant, etc. A were established on August 19, 191 for the purpose of clothing manufacturing, student products wholesale and retail, food supply business, group food supply business, group meal service, entrusted management business, etc. on or around December 2010, A were engaged in office of representative director I, internal director J(I’s husband), auditor K, etc.
2) On December 8, 2010, H Co., Ltd. with the purpose of manufacturing and selling clothes, selling student supplies and miscellaneouss, supplying food materials, group meals, entrusting management, etc. (hereinafter “H”)
At the time of establishment, K and in-house directors were L, and L is the representative director around April 201.