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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Nonparty 1 Company C (hereinafter “Nonindicted Company”)
(2) On December 5, 2006, the non-party company transferred its head office to the fourth floor of the Seoul Seocho-gu Seoul Metropolitan Government D Building on or around December 4, 2006, for the purpose of selling electric wires, Aeluta lines, and Celutags, etc. (hereinafter referred to as “non-party company”). The non-party company was in substantial discontinuance of business on or around May 2012 due to the financial aggravation.
B. On May 25, 2007, the Plaintiff filed a lawsuit seeking reimbursement of KRW 200 million against the Nonparty Company and E in accordance with the credit guarantee agreement, following the credit guarantee agreement that the Nonparty Company paid KRW 470 million to the Bank of Korea on April 22, 2008, KRW 540 million on April 22, 2008, and KRW 1 billion on December 17, 2008, and the Plaintiff, the representative of the Nonparty Company, under the above credit guarantee agreement, jointly and severally guaranteed the Plaintiff’s liability for reimbursement to the Plaintiff when the Plaintiff performed the guaranteed obligation. (2) After the credit guarantee agreement that the Nonparty Company was unable to pay each of the above loans, the Plaintiff filed a lawsuit seeking reimbursement of KRW 200 million against the Nonparty Company and E by the Seoul Western District Court Decision 2013Ma239538, Aug. 29, 2012.
3) On January 10, 2014, the above court rendered a ruling that “the company outside Korea and E shall jointly and severally pay to the Plaintiff KRW 2,052,513,802 as well as damages for delay for delay of KRW 2,045,108,162 among them,” and the above ruling became final and conclusive on January 28, 2014 as it is (hereinafter referred to as “the liability for indemnity of this case”).
(C) Defendant A Co., Ltd. (hereinafter “A”) is a company established on June 4, 2009 for the purpose of its business, such as electrical construction business, specialized fire-fighting equipment construction business, etc.
At the time of establishment, the head office of Defendant A was located in the fourth floor of the Seocho-gu Seoul Metropolitan Government D Building, but was transferred to F of the Gangnam-gu Seoul Metropolitan Government on September 15, 201 and to Y of the Dong-gu Seoul Metropolitan Government on October 1, 2013.
The representative of the defendant A, H is the son of E.