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(영문) 수원지방법원평택지원 2019.02.14 2017가단62943
구상금
Text

1. Defendant Incorporated Incorporated Co., Ltd.: (a) KRW 166,230,974 and its amount from November 8, 2017 to December 2017 to the Plaintiff.

Reasons

1. Determination as to the claim against Defendant Incorporated Agricultural Company B

A. Basic facts 1) D Co., Ltd. (hereinafter “D”).

On November 24, 2016, the Korea Credit Guarantee Fund and the guaranteed principal are KRW 270,000,000,000,000, and the Plaintiff entered into a credit guarantee agreement with respect to D’s obligations for loans to E banks. The Plaintiff was jointly and severally suretyed for KRW 136 million among D’s obligations against D’s Credit Guarantee Fund arising out of the said credit guarantee agreement, and for interest and expenses therefor only. 2) On December 8, 2016, the Plaintiff entered into a collateral guarantee agreement with the E bank as of December 8, 2016, with the extended guarantee limit amount of KRW 28,80,00.

3) When D was in arrears with the repayment of the principal of the debt owed to E bank, the Credit Guarantee Fund subrogated to the E bank, and the Plaintiff repaid the principal and interest and the cost of the loan to the Credit Guarantee Fund within the limit of the joint and several liability. In addition, on October 26, 2017, the Plaintiff repaid 28.8 million won to the E bank out of the guaranteed debt out of the loans extended to D on December 8, 2016. (4) D discontinued on September 30, 2017, and on the other hand, the Defendant Incorporated Incorporated Company B (hereinafter “Defendant Company”) established on August 25, 2017.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, 5 (including each number), the purport of the whole pleadings

B. A summary of the parties’ assertion 1) The Defendant Company was established for the purpose of evading the obligation of indemnity to be borne by the Plaintiff during the operation of Defendant C in the course of Defendant C’s operation, and its external form is a company separate from D, but in substance, the same company is the same company. Therefore, the Defendant Company is obligated to pay the Plaintiff the indemnity amount of KRW 166,230,974 (i.e., KRW 137,430,974) (i.e., KRW 28,000) to the Plaintiff. 2) The Defendant Company and the Defendant Company are all different companies, the Plaintiff acquired the right of indemnity by concluding a guarantee agreement as the representative director of D, and the Plaintiff and Defendant C together.

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