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(영문) 서울중앙지방법원 2015.12.02 2015가단5005234
구상금
Text

1. As to the Plaintiff jointly and severally KRW 129,720,857 and KRW 129,641,217 among them

(a) Sub-stock company:

Reasons

1. Basic facts

A. The Plaintiff’s claim 1) On January 24, 2013, the Plaintiff is the Defendant YN Co., Ltd. (hereinafter “Defendant YN”)

(2) From January 24, 2013 to January 23, 2014, the credit guarantee period and the credit guarantee period were 127,50,000, and the credit guarantee amount was 127,500,000, and the Defendant A jointly guaranteed the obligation under the above credit guarantee agreement between the Defendant and the U.S., Defendant A. (2) obtained a loan of KRW 150,00,000 from the Industrial Bank of Korea as security.

3) On December 31, 2013, Defendant YN lost the benefit of the time limit for the above loan obligations. Accordingly, on February 5, 2014, the Plaintiff subrogated to the Industrial Bank of Korea for KRW 129,641,217 (principal interest of KRW 127,50,00,141,217) on behalf of the Plaintiff, and KRW 79,640 was incurred in the course of penalty. Meanwhile, on the other hand, the amount of damages under the credit guarantee agreement as above is 12% per annum. (B) On January 18, 2013, Defendant YND Co., Ltd. (former trade name: C&T corporation; hereinafter referred to as “Defendant D&C”) on behalf of the Plaintiff, and the remaining portion of Defendant 1’s business are divided and merged (hereinafter referred to as “this case’s electrical construction division and merger”). The remaining portion of Defendant 1’s business remains to be divided and divided.

C. In accordance with Article 8 of the Electric Construction Business Act, the defendant shall transfer the electrical construction business to the defendant's vice versa, and the defendant's vice versa shall take over the electrical construction business.

Provided, That this shall not apply to the defendant.

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