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(영문) 서울서부지방법원 2015.06.11 2013가합36514
사업자등록명의 변경등록절차이행 등 청구
Text

1. The plaintiff's primary claim and the conjunctive claim are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff entered into a credit guarantee agreement with E in order to secure loan obligations owed by E Co., Ltd. (hereinafter “E”) to Industrial Bank of Korea as indicated in the following table:

B, etc., the representative director of E, had jointly and severally guaranteed the obligation of indemnity to be borne by E in accordance with the above credit guarantee agreement.

(1) From January 23, 2009 to June 25, 2011 to June 24, 2011, KRW 380,000 to June 25, 2011 to June 25, 201, KRW 475,00,000 to June 24, 201 to June 25, 201.

B. On November 30, 2010, E had caused a credit guarantee accident that has lost the benefit due to the delinquency in payment of the above loan, and accordingly, on November 30, 2010, the Plaintiff recovered KRW 4,863,770 on the same day after subrogated to the Bank of Korea for KRW 1,438,831,252.

C. On December 3, 2010, the Plaintiff filed an order to pay KRW 1,434,306,260 in total of KRW 1,438,831,252 won - 4,780 in subrogation, and KRW 336,780 in advance, and KRW 1,998 in 1,434,30,306,260 in December 9, 201, against F, a joint and several surety E and B, and another joint and several surety, with the District Court Decision 201Da3936 (=1,438,831,252 won - 4,863,770 won), and the said order became final and conclusive around that time.

After April 26, 2012, the name of the Defendant, which is the wife B, was registered as “D”, “D on April 23, 2012”, “Council-si C”, “Council-si”, and “Electronic Parts Manufacturing Business, Communications Equipment Manufacturing Business, and Electrical Equipment Wholesale”.

[Ground] Facts without dispute, Gap evidence 1, 2, Eul evidence 4, the purport of the whole pleadings

2. Judgment as to the main claim

A. The Plaintiff’s assertion E is a company that has been engaged in the manufacture and sale of electronic parts by making G (road name address: H at the City of Gu Government) as the principal office of Gu Government-si, and the Plaintiff and other parties.

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