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(영문) 수원지방법원 2017.06.09 2016나76268
구상금 등 청구의 소
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On November 2, 1991, the Plaintiff entered into a credit guarantee agreement with the non-party Mine Industries Co., Ltd. (hereinafter “Briuri Industries”) and endorsed and transferred a promissory note issued by the non-party B on October 21, 1992, with respect to a discount bill obligation, which is to be used as corporate operating capital from a new bank of the Korea-Japan (hereinafter “Bri Industries”), with the guaranteed principal of KRW 50 million, T HS-191-0979, the principal of the guaranteed principal of the guaranteed interest, the principal of the guaranteed interest, and the mineral glass industry of the principal of the principal of the principal, and the guarantee term.

B. On March 13, 1992, the Mining Industry caused a credit guarantee accident due to the current account book, and accordingly, on June 29, 1992, the Plaintiff received from a new bank the right to the said bill by subrogation of KRW 50,984,218 from the new bank on June 29, 192.

C. On February 3, 2006, the Plaintiff filed a lawsuit against the Plaintiff for the amount of indemnity claim No. 2005da271259, Feb. 3, 2006 with the Seoul Central District Court (Seoul Central District Court 2005Da271259) and rendered a judgment of 21% per annum from June 29, 192 to February 28, 1993; 20% per annum from the next day to February 31, 1993; 20% per annum from the next day to the next day to the date of complete payment; 12,00,000,000 won and 87,209,271 won among them; and 30% per annum from the next day to the date of complete payment; and 30% per annum from May 13, 1992 to the date of full payment.”

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that B, with the trade name of "C, engaged in the manufacturing business of machinery for special purposes", established the non-party D corporation for the purpose of evading debts while maintaining the substance of the business and establishing the defendant again. The defendant is a single company operated by "B".

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