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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 6, 200, the Plaintiff Fund guaranteed C’s obligation to return a loan to a new bank with the guaranteed principal amounting to KRW 45,00,000,000, upon C’s request by the company engaging in the daily wholesale business with the trade name of March 6, 200.
B. Since then, as C was unable to fulfill its obligation to repay its loans, the Plaintiff Fund subrogated to the new bank on May 21, 2004 45,645,263 won of C’s obligation to repay its loans, and then filed a lawsuit against C with the Seoul Central District Court on May 12, 2006 against C seeking payment of indemnity amount under the Seoul Central District Court 2006Kadan85493, and the judgment became final and conclusive on May 12, 2006 against C as to 46,094,703 won and 45,645,263 won among them from May 21, 2004 to May 31, 2005; 18% per annum from the next day to May 31, 2005; and 15% per annum from March 17, 2006; and 20% per annum from the next day to the date of such payment.
C. Since then, the Plaintiff Fund recovered part of the principal and interest of the claim based on the above judgment from C and the amount of the remaining claim amount is KRW 45,740,432 and KRW 44,471,539 among them, 18% per annum from May 21, 2004 to May 31, 2005; 15% per annum from the next day to March 17, 2006; and 20% per annum from the next day to the date of payment.
Meanwhile, Defendant Company is a corporation established for the purpose of wholesale business among agricultural products on June 30, 2004.
【Ground of recognition】An absence of dispute, entry of Gap evidence 1-2, Gap evidence 2, and 3
2. The assertion and judgment
A. The plaintiff's funds are asserted as to the cause of the claim of the plaintiff's funds. The defendant company is a company established by C for the purpose of evading its obligations and is operating it by abusing its legal personality. Thus, the defendant company is obligated to perform its obligations against the plaintiff in accordance with the above judgment.
B. (1) In light of the physical liability of the corporation, the creditor is harmed.