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(영문) 서울중앙지방법원 2014.01.22 2012가합14475
구상금 등
Text

1. As to KRW 259,852,34 out of KRW 282,59,524 and the said money, Defendant B Co., Ltd. from July 14, 201 to July 2014.

Reasons

1. Basic facts

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

[Defendant C] Co., Ltd (hereinafter “Defendant C”) is an affiliate of the G Group established on November 13, 1985 and engaged in the supply of materials, trade agency, etc. to the Ministry of National Defense, with which F is the chairperson.

(2) The Plaintiff was the representative director of the Defendant B, from October 31, 2002 to February 15, 2006, as a company established on January 26, 200 and engaged in the issuing business of a letter of commitment to sell goods, the business of issuing military supplies, etc., and as an affiliate of the G Group. (2) Defendant B (hereinafter “Defendant B”) was established on May 17, 2002 and engaged in software development, supply, and repair business.

3) On February 15, 2006, F entered into a contract for management and share acquisition with the Plaintiff to acquire 85% of the shares of Defendant B owned by the Plaintiff, and Defendant B was incorporated into an affiliate of G Group. 4) The Plaintiff was retired from the Defendant B on June 15, 2009, when the date of concluding the share acquisition contract, from February 15, 2006 to June 15, 2009.

B. 1) The Korea Technology Credit Guarantee Fund established a credit guarantee agreement between Defendant B and the Korea Technology Credit Guarantee Fund under the Korea Technology Credit Guarantee Fund Act with regard to the principal and interest of the corporate driving loans to Defendant B’s banks from November 7, 2005 to November 7, 2006 on the credit guarantee principal, and the guarantee period from November 7, 2005 to the Korea Technology Credit Guarantee Fund, and the Plaintiff jointly and severally guaranteed all the obligations of Defendant B that may be present or future with respect to the said credit guarantee agreement. (2) The Korea Technology Credit Guarantee Fund issued a credit guarantee agreement to the Defendant B pursuant to the said agreement, and the Defendant B received a loan of KRW 255,000,000 from the Korea Technology Credit Guarantee Fund as collateral, and thereafter the Korea Technology Credit Guarantee Fund extended the period from November 4, 2006 to November 5, 2010.

3. The principal and interest of loans to Defendant B bank.

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