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(영문) 서울동부지방법원 2014.12.03 2014가단102662
구상금
Text

1. Defendants B and C shall jointly and severally serve as KRW 300,000,000 on the Plaintiff and as from January 29, 2014.

Reasons

1. Basic facts

A. D Co., Ltd. (hereinafter “D”) entered into a credit guarantee agreement with the Plaintiff on October 21, 1993, issued a credit guarantee agreement, received KRW 100 million from the Industrial Bank of Korea as collateral, and E Co., Ltd. (hereinafter “E”) entered into a credit guarantee agreement with each other on August 6, 1993, and issued a credit guarantee agreement with each other on August 23, 1993, and borrowed KRW 30 million from the Industrial Bank of Korea as collateral. G Co. (hereinafter “G”) entered into a credit guarantee agreement with the Plaintiff on June 29, 1992 and August 31, 1993, and borrowed KRW 50 million from the Industrial Bank of Korea as collateral.

B. H and I jointly and severally guaranteed the obligation owed to the Plaintiff by D, E, and G (hereinafter collectively referred to as “three companies”) pursuant to the aforementioned credit guarantee agreement.

C. As the non-party company failed to repay its loan obligations on December 29, 194, the Plaintiff subrogated to the Industrial Bank of Korea the amount of KRW 110,381,888, and the amount of KRW 64,468,764, and the amount of KRW 102,419,778, and G’s loan obligations on March 25, 1994. The non-party company’s indemnity obligation was partially repaid, and as of January 28, 2014, the amount remaining after adding the penalty, etc. as of January 28, 2014 is the principal amount of KRW 92,167,618, interest 386,378,934, E’s principal amount of KRW 64,468,764, interest 213,715, G’s principal amount of KRW 821,212,277,297.

[Ground of recognition] The fact that there is no dispute, Gap's entries in Gap's 1-1, 1-2, 1-3, and 2, and the purport of the whole pleadings.

2. Determination as to the Plaintiff’s claim against A

A. Since its establishment on May 3, 2010, Defendant A was registered as the only director of H, who is H’s father, and the J is merely about 27 years of age at the time of the establishment of Defendant A with K students, and the Defendant A’s website (L)’s history as to the company’s history is the number of patent applications for automatically reducing food waste in 1997.

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