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(영문) 인천지방법원부천지원 2016.02.19 2015가단9457
대위변제금반환
Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a company that is engaged in the business of manufacturing and selling ice chain under the trade name of “C,” and the Defendant is a company that is mainly engaged in the business of manufacturing, selling and providing services, and that is established by determining that the Defendant’s joint representative director D holds 50%, E 25%, and F corporation, a related company of the above company, holds 25% shares.

B. On March 3, 2012, the Defendant discontinued business at the end of the horse, and closed business on June 30, 2012. Around that time, the Defendant was liable for the gold-type and the Defendant’s liability of KRW 154,192,450 to G Co., Ltd. (hereinafter “instant liability”), and E, as the Defendant’s payment guarantee, repaid KRW 18,00,000 out of the instant obligation to G.

C. On May 9, 2012, D entrusted the Plaintiff with inventory sale of finished products and parts, etc. owned by the Defendant, without any particular connection with H of other shareholders or the Defendant’s joint representative director, and agreed that the Plaintiff and D shall convert “C” into a corporate entity and then the Plaintiff shall hold 65% and D 35% shares at its own expense. Since that time, the Defendant sold the said inventory or newly produced the so-called Snonoo chain.

On the other hand, by guaranteeing the payment of the defendant's obligation or by endorsement on the bill issued by the defendant, E paid 157,803,668 won to G Co., Ltd. which is the defendant's business partner, and paid 41,80,000 won to I, and 36,960,000 won to J., which is the defendant's business partner. In addition to the claim for reimbursement due to the above subrogation, E also owns 87,96,429 won as loans to the defendant, 66,470,250 won as labor expense claims, and 67,640,000 won as loans to the defendant.

E. E Co., Ltd.: November 23, 2012

700,000,000 won including the claims described in subsection (1) and the claims for loans are claims, and this Court No. 2012No. 454.

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