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1. The Defendants jointly committed against the Plaintiff for KRW 306,807,986 and KRW 10,000,000 among them, from June 20, 2016, and 6,310.
Reasons
1. Basic facts
A. On May 30, 2010, the Plaintiff registered his/her business (hereinafter “individual business entity”) with the trade name “B” (hereinafter “Defendant Company”) and operated the food manufacturing business. On November 8, 2012, the Plaintiff established the Defendant Company B (hereinafter “Defendant Company”) and operated the food manufacturing business through the Defendant Company.
B. On March 4, 2015, the Plaintiff comprehensively transferred to the Defendant Company all rights and duties relating to the personal company in order to consolidate the business of the personal company and the business of the Defendant Company.
C. The Plaintiff was liable for each of the loans worth KRW 20 million to the new bank with respect to the personal company’s business (hereinafter “existing loans”). On March 12, 2015, the Defendant Company entered into a credit guarantee agreement with the Korea Credit Guarantee Fund by setting the guaranteed amount as KRW 250 million (hereinafter “instant credit guarantee agreement”) and repaid the Plaintiff’s existing loans worth KRW 300 million (hereinafter “instant loans”). On March 13, 2015, the Defendant Company secured the loans from the new bank with KRW 300 million (hereinafter “instant loans”).
The Plaintiff, as the representative director of the Defendant Company, was jointly and severally and severally and severally guaranteed each of the Defendant Company’s liabilities to the Credit Guarantee Fund based on the instant credit guarantee agreement and the Defendant Company’s liabilities to the new bank, KRW 54 million, out of the instant loans.
[Ground for recognition] Facts without dispute, Gap 1 through 4, 12, 13, 22, 27, 34 through 36, and 43, the purport of the whole pleadings
2. The judgment of this Court
A. The plaintiff's assertion 1 as to the claim against the defendant company is a joint and several surety, and the Credit Guarantee Fund and the new bank have repaid part of the joint and several surety debt of this case on behalf of the defendant company, and at present, the Korea Credit Guarantee Fund bears the remaining joint and several surety debt.