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(영문) 서울중앙지방법원 2015.02.13 2014가단5088973
구상금
Text

1. As regards KRW 2,327,304,589 among the Plaintiff and KRW 2,327,295,172 among the Defendants, the Defendant shall start from April 5, 2012 to September 6, 2012.

Reasons

1. Determination as to the cause of claim

A. The facts of recognition (1) on October 24, 2008, the Plaintiff and B (B) made a security deposit of KRW 1,250,000,000 from the Industrial Bank of Korea for a loan of KRW 1,250,000,00 from the Industrial Bank of Korea, until October 23, 2009 (after this, changed to October 19, 2012), and (2) on January 5, 2009, the Plaintiff concluded a credit guarantee agreement with respect to the loan of KRW 2,118,50,00 from the Industrial Bank of Korea for a small and medium enterprise loan of KRW 1,694,80,000 (this amendment was made to KRW 1,494,80,000,00) for the loan of KRW 1,250,00,000 for the loan of corporate purchase funds, and concluded a credit guarantee agreement with each of the Plaintiffs on January 14, 2010.

(2) On March 6, 2012, B lost the benefit of time for each of the above loans due to a credit guarantee accident called principal and interest.

On April 5, 2012, the Plaintiff subrogated for KRW 2,350,211,852 in total to the Industrial Bank of Korea, and recovered KRW 22,916,680 on the same day.

(3) On July 9, 2012, the Plaintiff applied for a payment order against B and D (Seoul Western District Court Decision 2012 tea 405 amount), and on July 9, 2012, the Plaintiff received an order to pay KRW 2,327,304,589 jointly and severally to the Plaintiff and KRW 2,327,295,172 per annum from April 5, 2012 to July 16, 2012, and KRW 20% per annum from the next day to the day of full payment. The above payment order was finalized on July 31, 2012.

(4) On April 1, 2010, B: (a) partially divided the Company into E Co., Ltd. (hereinafter “E”) and established E Co., Ltd. (hereinafter “E”).

The plaintiff filed a lawsuit against C, a joint and several surety, and E, a divided company (Seoul Southern District Court 2012da212308), and on April 23, 2013, "E, a company incorporated by division, is jointly and severally liable for B's obligations pursuant to Article 530-9 (Liability of Company after Division and Merger) of the Commercial Act."

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