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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Basic facts
A. On December 21, 1992, B established a company with the trade name of “A” (hereinafter “A”) using “A” as the place of business, and operated the food chemical machine business. On December 6, 2001, the number of units was defaulted on December 20, 2001, and the closure of business on December 20, 201.
B. The Plaintiff entered into a credit guarantee agreement with the Industrial Bank of Korea (hereinafter referred to as the “Industrial Bank”) on the obligation to be borne by the Plaintiff upon obtaining a loan from the Industrial Bank of Korea (hereinafter referred to as the “Industrial Bank”), and upon causing a credit guarantee accident due to the current account and account, the Plaintiff paid the principal and interest of the loan to the Nonparty Bank on December 6, 2001.
C. The Plaintiff: (a) against B, filed a claim for reimbursement against B, including the amount of subrogated payment under a credit guarantee contract, KRW 201,340,197; (b) KRW 5,060,535; (c) KRW 1,230,579; and (d) KRW 207,631,311; and (c) delay damages for the remainder of the amount of subrogated payment; (b) against B, the Seoul District Court rendered a favorable judgment on November 28, 2012 by filing a lawsuit for reimbursement under the Seoul District Court Decision 2012Da5092497; and (c) the said judgment became final and conclusive on December 18, 2012.
The defendant is a company established on July 19, 2012 as 50,000 won (one share price of 5,000 won, total number of issued shares 40,000 shares) for the purpose of manufacturing automation and wholesale and retail business of automation machinery as its head office and as its head office, and as established on July 19, 2012, D, a director of which is its head office, is Eul.
E. D, on May 20, 2008, operated an automated machine manufacturing business under the trade name “E” from “E”, and established the Defendant while expanding and relocating the factory around June 2009.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Gap evidence 3-2, Gap evidence 5, Eul evidence 1, 2, 4, and 5, and the purport of the whole pleadings
2. The Plaintiff asserted that he had a claim for reimbursement against B, and that he had operated the business under the trade name “A” transferred his business to the Defendant Company.