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(영문) 서울고등법원 2015.07.02 2014나2023711
대여금 등
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Basic facts

A. On October 10, 2006, Co-Defendant B of the first instance trial as the party, was a director of Co-Defendant A (hereinafter “A”) and the defendant was a representative director.

On July 5, 2007, the defendant and B assumed office as the joint representative director of A and completed the registration on July 13, 2007.

Since then, on April 25, 2008, the defendant has resigned from the office of representative director of A, and thereafter B has served as the single representative director of A.

B. A’s loan and the Defendant and B’s collateral guarantee 1) The Industrial Bank of Korea loaned to A the amount indicated in the appropriate amount column on the date stated in each of the relevant loan date listed in the following loan transaction statement (hereinafter “the above loan agreement for the Industrial Bank of Korea of A”) in the order of the date of loan, and each of the loans is called “the obligation” in the order of the date of loan.

2) The Defendant and B concluded a collateral guarantee contract with the Industrial Bank of Korea by setting the guarantee limit amount to KRW 1,560,00,000 with respect to the first loan obligations as indicated in the following credit transaction statement. The Defendant and B concluded a collateral guarantee contract with the Industrial Bank of Korea by setting the guarantee limit amount to KRW 2,3, and 4 as indicated in each corresponding guarantee limit in the following credit transaction statement:

(1) A loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a third enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprise with a loan extended to a small or medium enterprises with a loan extended to a third enterprise with a loan.

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