beta
Text
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff received a loan from a financial institution according to the Non-Party C’s guarantee request, which operated the non-party D company (hereinafter “non-party D”), the Plaintiff entered into a credit guarantee agreement under the Credit Guarantee Fund Act on March 16, 1996; August 31, 1996; and September 9, 197; and issued a credit guarantee agreement.
B. C lost the benefit of loans due to the occurrence of a credit guarantee accident on September 9, 1998. On March 31, 1999, the Plaintiff paid to the Non-Party Dong Bank a total of KRW 77,774,886 in arrears due to the first or second guarantees, and on April 7, 1999, the Plaintiff subrogated to the Non-Party Bank of Korea a total of KRW 46,828,395 in arrears due to the third guarantees.
C. The plaintiff filed a lawsuit against C, etc. for the claim for reimbursement (Seoul Central District Court 2009Da349297), and the above court rendered on November 5, 2009 a judgment to the effect that "C shall pay to the plaintiff 119,497,92 won, and its delay damages." The above judgment became final and conclusive around that time.
[Reasons for Recognition] Facts that there is no dispute or do not clearly dispute, Gap evidence No. 1, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. The plaintiff's assertion (1) With respect to the responsibility of the transferee of the business, the non-party company was established on August 1, 1987 and closed on September 30, 1998, and the non-party company engaged in the manufacturing business of "Macheon-si E" as its main product with "Macheon-si E" as its main product. The defendant company was established with the same address as the non-party company as its main product, and subsequently moves its main office to "Macheon-si F," and continues to engage in the business of transferring its main office to "Macheon-siF," and the non-party company's main business for manufacturing the same level as the non-party company. Although the G of the director and the representative director was different from the present one at the time of its establishment, the non-party company's spouse was registered as the representative director, B, and I as its own internal director and auditor.