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(영문) 서울중앙지방법원 2014.10.07 2013나66224
구상금
Text

1. The part against the defendant in the judgment of the first instance is revoked, and the plaintiff's claim against the defendant is dismissed.

2...

Reasons

1. Facts of recognition;

A. The Plaintiff’s joint Defendant A Co-Defendant A Co-Defendant A Co-Defendant A, Ltd. in the first instance trial (hereinafter “A”).

(B) The Co-Defendant B of the first instance trial (hereinafter “B”) is a stock company engaged in the manufacture, sale, etc. of cosmetics.

A) The largest shareholder (34.1%) and the representative director. 2) as of December 1982, A was changed to “A”, a trade name as of December 1982, and the co-defendant D, C (hereinafter “D” and “C”) was in charge of the representative director in the first instance trial before B, D is the father, and C is the same as B’s partner.

3) A between the Plaintiff and the Plaintiff, on January 23, 1996, provides a credit guarantee of which the maximum amount of the guaranteed principal is KRW 270,00,000 (hereinafter “the primary guarantee”).

(A) The Agreement, April 24, 1997, provides a credit guarantee of which the maximum amount of the guaranteed principal is KRW 350,000,000 (hereinafter referred to as “second guarantee”).

(A) The Agreement, June 27, 1997, provides a credit guarantee of which the maximum amount of the guaranteed principal is KRW 1,330,000,000 (hereinafter referred to as “third guarantee”).

(4) On November 29, 1997, A entered into an agreement, and obtained a loan from a financial institution as collateral. The Plaintiff lost the benefit of time to the financial institution that received the loan. The Plaintiff acquired a claim for indemnity as stated in the attached Form (hereinafter “the initial claim”) in relation to the guarantee of 1, 2, and 3 by means of repayment of the loan to the financial institution on behalf of A according to the guarantee of 1, 2, and 3, and then obtained a claim for reimbursement as stated in the attached Form (hereinafter “the initial claim”). On November 30, 2002, Seoul District Court Decision 202Da347681, which filed a lawsuit seeking the payment of the initial claim of this case, and the entire favorable judgment was finalized on May 28, 2003.

With respect to the guarantee of the first, second, and third guarantees, some of the original claims of this case were recovered, and substitute payment claims of this case were created due to some changes in the original claims of this case due to the addition of the claims for substitute payment of this case, the plaintiff at present stated the claim in relation to the first, second, and third guarantees against A.

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