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Reasons
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(영문) 서울고등법원 2016.05.27 2014나13978
구상금 등
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1. Defendant B’s appeal is dismissed.

2. The defendant C, which is changed in exchange at the trial.

Reasons

1. Facts of recognition;

A. 1) The E Co., Ltd. (hereinafter “E”)

(2) A company established on November 13, 1985 and engaged in the supply of materials, trade agency business, etc. to the Ministry of National Defense, and is an affiliate of the G Group established on January 26, 2000 and established on January 26, 200 and engaged in the issuing business of goods, and military payment business, etc.; Defendant C is an affiliate of the G Group; Defendant B is an affiliate of the G Group; Defendant B is a company established on May 17, 2002 and engaged in software development, supply, and repair business; and the Plaintiff was the representative director of the Defendant B from October 31, 2002 to February 15, 2006.

3) On February 15, 2006, F entered into a contract with the Plaintiff to acquire 85% of the shares and the management rights of Defendant B, which the Plaintiff owned, and Defendant B was incorporated into an affiliate of G Group. 4) The Plaintiff was retired from the position of Defendant B’s director from February 15, 2006 to June 15, 2009, the date of concluding the stock acquisition contract.

B. 1) The Korea Technology Credit Guarantee Fund’s repayment, etc. (1) The Korea Technology Credit Guarantee Fund shall have the principal and interest of Defendant B’s ordinary business loan to Defendant B Bank (hereinafter “instant loan obligation”).

(2) As to the credit guarantee principal, the Korea Technology Credit Guarantee Fund entered into a credit guarantee agreement under the Korea Technology Credit Guarantee Fund Act from November 7, 2005 to November 7, 2006 on the guarantee principal, and the Plaintiff jointly and severally guaranteed all the obligations of the Defendant B, which are currently or future, regarding the said credit guarantee agreement. (2) The Korea Technology Credit Guarantee Fund issued a credit guarantee certificate to the Defendant B in accordance with the said agreement. Defendant B received a general loan of KRW 255,00,000 from the Bank as security, and the Korea Technology Credit Guarantee Fund extended the period on November 7, 2006 to November 5, 2010.

3. As to the loan obligations of this case arising from the occurrence of the party branch against Defendant B, Defendant B.

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