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(영문) 서울북부지방법원 2019.07.25 2018가단125676
대위변제금 반환
Text

1. The Defendant’s each of the Plaintiffs’ KRW 100,000,000, as well as 5% per annum from June 23, 2018 to July 11, 2018.

Reasons

1. Basic facts

A. Plaintiff A was the representative director of Plaintiff D Co., Ltd. (hereinafter “Nonindicted Company”); Plaintiff B is the wife of Plaintiff A.

B. On September 19, 2012, the non-party company obtained a guarantee of KRW 200 million from E to obtain a loan of KRW 200 million from F on September 19, 2012 (hereinafter “instant loan obligations”). Of the above KRW 200 million loans, the bank account loan was a comprehensive account loan, and the remainder KRW 100 million was a general loan.

C. On October 16, 2012, the Defendant entered into a merger contract under which the Defendant would continue to exist between the non-party company and the non-party company (hereinafter “instant merger contract”) and its main contents are as follows.

(1) The date of merger will be November 30, 2012.

(2) On September 30, 2012, Nonparty Company shall transfer all of its assets, liabilities, and rights and obligations to the Defendant on the date of merger based on the statement of financial position, asset list, and other statements of account as of September 30, 2012

(3) No Party shall have any obligation, except that the absence of any hidden obligation is reflected on September 30, 2012 on the basis of a statement of financial position, a list of assets, and other statements, etc. as of September 30, 2012 by the date of the merger, or that occurs during the ordinary course of business consistent with past practices after the date of

The representative director of each party shall be responsible for the absence of any hidden obligation and for any unexpected obligation when there is no known contingent obligation and shall not be liable to each other.

On September 17, 2013, the Defendant borrowed KRW 200 million from G Bank, a principal bank of the Defendant, and repaid the instant loan obligations. At the time of the said loan, H Apartment I (hereinafter “instant real property”) offered as security, which was owned by the Plaintiffs each of 1/2 shares, and the establishment registration of the instant real property was completed with respect to the maximum debt amount of KRW 260 million, and the debtor’s establishment registration was completed.

(e).

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