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(영문) 서울중앙지방법원 2015.01.29 2014가단5081897
구상금
Text

1. The Defendant shall pay to the Plaintiff KRW 164,776,043 as well as KRW 164,096,147 as to the Plaintiff’s KRW 164,096,147 as of May 23, 201 through April 9, 2014.

Reasons

1. Facts of recognition;

A. B established a stock company C (hereinafter “C”) on July 29, 2003, and thereafter served as the representative director, and D, his wife, has been employed as an internal director of the above company.

B. On October 2005, the above D established and operated a rice exchange delivery service company (hereinafter “instant company”) with the trade name “A”, and the above B operated the instant company as a representative of the instant company and operated the instant company as C’s subsidiaries.

C. On April 7, 2006, the Plaintiff entered into a credit guarantee agreement between C and C with the purport that the Plaintiff guarantees the Plaintiff’s obligation to pay a loan to a single bank as KRW 80,000,000 with the guaranteed principal, and on March 2, 2010, the Plaintiff entered into a credit guarantee agreement with the purport that the Plaintiff guarantees the Plaintiff’s obligation to pay a loan to a single bank with the guaranteed principal of KRW 72,00,000 with the guaranteed principal of KRW 72,00,000, and the said D jointly and severally guaranteed the indemnity obligation that C bears to the Plaintiff pursuant

On March 31, 2008, the Plaintiff entered into a credit guarantee agreement with the aforementioned D with the content that the Plaintiff guarantees the Plaintiff’s obligation to pay a loan to a single bank with the guaranteed principal amount of KRW 20,000,000.

E. C on May 13, 2008, registered “A” in relation to the biochemical exchange service.

F. On February 17, 201, the Defendant Company was established pursuant to the above B for the purpose of the rice exchange delivery service business, and the pro-friendly E was appointed as the representative director. The Defendant Company’s Internet website was registered as C’s subsidiary in light of the history of the Defendant Company’s business.

G. C and the above D did not timely repay each of the above loans to Han Bank on February 28, 2011, and in the case of the above D, each of the credit guarantee accidents occurred on March 1, 2011.

H. The instant company closed its business on May 13, 2008.

I. On May 20, 201, Defendant Company was transferred by C the above trademark right.

(j) The Plaintiff is a single bank on May 23, 201 in accordance with the respective credit guarantee agreements.

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