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(영문) 수원지방법원안양지원 2014.05.15 2013가합1131
보증채무금
Text

1. The Defendants are jointly and severally liable to the Plaintiff for KRW 71,948,545 and KRW 19,137,248 among them, from August 10, 2012 to 30,013.

Reasons

1. Facts of recognition;

A. On March 27, 2012, the Plaintiff acquired all shares issued by Defendant B (hereinafter “D”) from Defendant B, and at the time, Defendant B prepared and delivered a letter of performance of the duty (hereinafter “instant letter of performance”) as follows to the Plaintiff, and Defendant C jointly and severally guaranteed Defendant B’s obligation to the Plaintiff based on the said letter of performance of the duty:

The above-mentioned shares issued by the Company (D) and the right to authorize the registration of a construction business shall be sold to you (Plaintiff) under a contract for the acceptance of the Company, and I, after the date of the acquisition of the Company, shall be jointly and severally liable for damages arising therefrom and for all other civil and criminal responsibilities if I fail to comply with the following and related matters:

1. (Omission)

2. If any obligation for payment other than contributions to the Financial Cooperative, obligation for performance, or obligation for payment other than contributions, or obligation or tax or public charge on or after the date of stock transfer occurs due to reasons before the date of stock transfer, each person shall be jointly and severally liable and shall resolve the performance of payment immediately

3. Each person shall be jointly and severally liable and immediately liable for civil or criminal problems or light (including any problems arising after the completion of the project in progress) arising from a project that is in progress as of the date of stock transfer.

(hereinafter omitted)

B. On the same day, the Plaintiff changed the trade name of the D Company to E (hereinafter “E Company”).

C. Meanwhile, from January 3, 2012 to January 31, 2013, G, H, I, and J applied for a lawsuit or payment order against D companies or E companies as follows, based on the claim for construction price, etc. against D companies. The above court rendered a favorable judgment or issued a payment order on the amount stated below, and the above judgment and payment order became final and conclusive around that time.

The creditor's case number claim amount G Daegu District Court Kimcheon-si court of 2012 next 13.

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