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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff’s loans 1) Plaintiff (former trade name: Seoil Mutual Savings Bank, Seoil Mutual Savings Bank, and hereinafter “Plaintiff”) before and after the change
) On May 4, 2006, C Co., Ltd. (hereinafter referred to as “former Company before and after the split-off”), and “existing Company” after the split-off.
(B) A loan of KRW 200 million was granted to B, who is the representative director, and the above loan obligations (hereinafter “loan obligations on May 4, 2006”).
(2) In order to secure the above loan obligations, the company before the division was jointly and severally guaranteed the above loan obligations. (2) In order to secure the above loan obligations (hereinafter “loan obligations”) on March 24, 2009, the company before the division set up a collateral security right with the maximum debt amount of KRW 840 million on the partitioned ownership building located in Geumcheon-gu Seoul Metropolitan Government, which is owned by the company before the division, to the Plaintiff. The auditor E of the company before the division jointly and severally guaranteed the above loan obligations.
B. On September 21, 2009, the company prior to the division 1) was divided into the ATM business division on September 21, 2009, and “F Co., Ltd. (hereinafter “Defendant”)” (hereinafter “Defendant”).
(2) On November 3, 2009, the surviving company was approved by a special resolution of the shareholders' general meeting on December 7, 2009. The defendant established through the division pursuant to Article 530-9 of the Commercial Act prepared a plan to divide that it will not bear joint and several liability for the company's obligations prior to the division, and the surviving company completed the registration of modification due to the instant division on December 7, 2009. The defendant completed the registration of incorporation pursuant to the instant division on the same day
3. After the division of the company, the surviving company changed its trade name to G stock company on January 25, 2010, and completed the change of trade name on February 2, 2010.
C. The loan obligations on May 4, 2006, the loan obligations on March 24, 2009, the respective principal debtor of the loan obligations on March 24, 2009, and the surviving company shall pay interest on the respective loan obligations.