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(영문) 서울중앙지방법원 2017.05.24 2016가합535796
청구이의
Text

1. All of the plaintiffs' claims against the defendant are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The Plaintiffs and the Defendant held the position of the parties as internal directors of Nonparty F Co., Ltd. (hereinafter “F”); Plaintiff A from March 31, 2011 to March 31, 2014; Plaintiff C as internal directors from March 30, 2012 to September 30, 2015; Plaintiff B as internal directors from March 30, 2012 to March 30, 2015; and Plaintiff B as internal directors and the representative director from March 30, 2013 to March 1, 2015, respectively.

B. A credit guarantee contract with the Korea Technology Credit Guarantee Fund was concluded on May 3, 2009 with the Korea Technology Credit Guarantee Fund, and the F was granted a loan of KRW 500,000,000 from a financial institution under its guarantee, but it was classified as an accident company as it was impossible to repay the principal and interest thereafter, and the extension of the loan became impossible. Accordingly, on April 17, 2012, the F was granted a loan of KRW 500,000 from a bank on behalf of the board of directors in order to repay the F’s credit at the board of directors on behalf of the F, and the Korea Technology Credit Guarantee Fund concluded a credit guarantee contract with KRW 500,00,000 with the Korea Technology Credit Guarantee Fund on behalf of the F, and the F was decided to be admitted as a joint and several surety under the said credit guarantee contract with the Korea Technology Credit Guarantee Fund as a credit guarantee contract. 2) G concluded the credit guarantee contract with the Korea Technology Credit Guarantee Fund as of April 30, 2012.

3) On April 30, 2012, the Korea Technology Credit Guarantee Fund issued, pursuant to the instant credit guarantee agreement, a credit guarantee certificate with the content of KRW 500,000,000 on April 30, 2013, to the head of the branch office of Samsung F&dong Branch of the Non-Party National Bank, which was applied for a loan by G, as well as KRW 500,000,000 from the national bank with the said credit guarantee certificate as security (hereinafter “the instant credit guarantee certificate”).

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