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(영문) 대전지방법원 2016.01.14 2015가단18401
손해배상
Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. 1) A Co., Ltd. (amended trade name: D Co., Ltd.; hereinafter “Nonindicted Company”) (hereinafter “Nonindicted Company”) on June 10, 2005, including credit guarantee, loan, etc.

The Defendant Credit Guarantee Fund (hereinafter “Defendant Fund”) on June 10, 2005

The credit guarantee agreement (85% guarantee, hereinafter referred to as "credit guarantee") between June 10, 2005 and June 9, 2007 with a content that provides the credit guarantee principal of KRW 127.5 million and the credit guarantee period from June 10, 2005 to June 10, 207 under the joint and several guarantee of the plaintiff, defendant B, and his wife E.

(2) On June 10, 2005, the non-party company entered into a credit guarantee agreement with the Defendant’s Fund and received a credit guarantee agreement stating such content from the Defendant’s Fund (hereinafter “Defendant bank”) as collateral and borrowed a loan of KRW 150 million under the joint and several guarantee of Defendant B and E (hereinafter “the first loan”).

3) The Plaintiff was the representative director of the non-party company at the time of the first credit guarantee and the first loan, and on October 27, 2005, the Plaintiff resigned from the representative director, and the Defendant B was appointed as the representative director. 4) The Defendant Fund subrogated to the Defendant Bank for the first loan amounting to KRW 1275 million on April 30, 2007 due to the occurrence of a credit guarantee accident under the first credit guarantee under the first credit guarantee due to the non-party company’s closure or closure of business.

B. At the time of subrogation on May 2, 2007, the Defendant Fund explained that for the normalization of the non-party company to the plaintiff and the defendant B, who was the representative director of the non-party company, the representative director of the non-party company, the company could normalize the non-party company through the rehabilitation guarantee of F (Opening Date of Business: Apr. 27, 2007; Type of Business: Doing, Indoor, Indoor, and Indoor, In order to normalize the non-party company. 2) On April 24, 2007, the plaintiff completed the registration of the establishment of the non-party company with the maximum debt amount of G apartment 212 Dong-dong 902 (hereinafter “the apartment of this case”) owned by the plaintiff on April 24, 2007.

3..

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