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(영문) 대전지방법원 2014.09.25 2013가합100747
채무부존재확인
Text

1. There is no guarantee obligation under the Plaintiff’s Korea Savings Bank Agreement on April 1, 2009.

Reasons

1. Basic facts

A. The position of the party and the relationship 1) The Intervenor joining the Defendant, as a director of the Plaintiff’s Intervenor from July 9, 2008 to July 9, 201, respectively, served as the representative director of the Plaintiff’s Intervenor from April 8, 2009 to July 9, 201, and from July 25, 2011, is serving as the Plaintiff’s Intervenor’s and other non-executive directors from July 25, 201. D is serving as the Plaintiff’s non-third village from April 21, 2010 to July 25, 201 as the Plaintiff’s internal director of the Intervenor, and as the representative director of the Plaintiff’s Intervenor from July 9, 2008 to April 8, 2009, the Plaintiff was registered as the Plaintiff’s representative director of the Plaintiff’s Intervenor as the Plaintiff’s and the Plaintiff’s savings in the Daejeon District Court from July 21, 2012 to July 21, 2013.

B. On April 1, 2009, the Intervenor joining the Defendant was registered as the representative director on April 1, 2009 by the Plaintiff’s Intervenor (at the time, the Plaintiff was registered as the representative director in the corporate register).

A) The term “general loan” in the name of the representative director of the Korea Savings Bank and the Korea Savings Bank under the name of the Plaintiff, “1 billion won” in credit transaction agreements with the term “from April 1, 2009 to July 1, 2009”, “12% per annum”, “23% per annum” and “23% per annum” (hereinafter “the instant credit transaction agreements”).

A) On the same day, the Korea Savings Bank and the Korea Savings Bank under the name of the Plaintiff (hereinafter “instant loan obligations”) concluded a loan repayment obligation under the said loan transaction agreement between the Plaintiff’s Intervenor and the Korea Savings Bank.

1) The Agreement on the Restricted Guarantee of Joint and Several sureties up to KRW 1.3 billion (hereinafter referred to as the “instant Continuous Guarantee Agreement”).

(2) On the other hand, the Intervenor’s Intervenor’s representative director is the Plaintiff.

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