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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The assertion;
A. The Plaintiff concluded four credit guarantee agreements that guarantee repayment of the principal and interest of loan obligations that Nonparty B Co., Ltd. (hereinafter only referred to as Nonparty Co., Ltd) and Nonparty Co., Ltd. borrowed from the Industrial Bank of Korea (hereinafter referred to as “Nonindicted Co., Ltd.”) and four (2) cases on April 24, 2009, and April 15, 201).
B. At the time of the conclusion of the above credit guarantee contract, the non-party company agreed with the non-party C and the non-party D, a joint guarantor, to pay the amount of subrogation and the damages for delay based on the rate of damages from the payment date to the full payment date, and the legal procedure expenses paid by the delay for recovery of the amount of subrogation.
C. Accordingly, on March 29, 2012, the Plaintiff filed an order to pay the amount of indemnity (Seoul Western District Court 2012 tea 1784) with Nonparty Company and the above C and the above D, and on March 29, 2012, the Plaintiff received a payment order with respect to KRW 3,065,425,757 jointly and severally with Nonparty Company, and KRW 64,616,673 among them, from January 10, 2012 to KRW 2,401,528,179 each year from January 17, 2012 to the delivery date of the original copy of the instant payment order, and KRW 20% each year from the next day to the date of full payment.” Such payment order was finalized on April 20, 2012.
① On January 24, 2013, the 10th anniversary of March 27, 2012 when the above C discontinued the non-party company, the representative director of the non-party company, and the defendant company was established on January 24, 2013, which was about 10 months after the closure of the non-party company. ② At present, the organization of the officers of the defendant company was composed of non-party E, director non-party F, and auditor G. They were the subordinate employees of the above C, and the above F is merely 25 years of age at the time of the appointment of internal director as the children of the above C, and it can be deemed that the above C actually operates the defendant company. ③ The name of the defendant company is the weak in English name of the non-party company closed, and ④ the above C is the chairman of the defendant company, and the status of management principle that