logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.06.17 2015나2056220
대여금
Text

1. Revocation of the first instance judgment.

Defendant’s KRW 862,987,621 and KRW 516,705,883 among the Plaintiff’s KRW 862,987,621 and the Plaintiff’s KRW 516,705,883.

Reasons

1. Basic facts

A. The Plaintiff’s loans 1) Plaintiff (former trade name: Seoil Mutual Savings Bank, Seoil Mutual Savings Bank, and hereinafter “Plaintiff”) before and after the change

) On May 4, 2006, C Co., Ltd. (hereinafter referred to as “Before the division”), as of May 4, 2006, before the division of a company, is called “Before the division,” and “Continuance company after the division.”

(B) A loan to B, who is the representative director, set at 10.5% per annum on interest and at 21% per annum on overdue interest (hereinafter “debted loan as of May 4, 2006”).

(2) On March 24, 2009, the Plaintiff jointly and severally guaranteed B’s obligation to borrow a loan on May 4, 2006 to the Plaintiff. (3) On March 24, 2009, the Plaintiff set a loan at 10.5% per annum on interest and at 21% per annum on overdue interest (hereinafter “the loan obligation as of March 24, 2009”).

In order to secure the debt of the borrowed loan as of March 24, 2009, the company prior to the division set the right to collateral with the maximum debt amount of KRW 840 million on the partitioned ownership building located in Geumcheon-gu Seoul Metropolitan Government, which was owned by the company prior to the division, to the Plaintiff. The auditor of the company prior to the division set the joint and several debt of the borrowed loan as of March 24, 2009.

B. 1) On September 21, 2009, the company prior to the division, etc. is divided into the ATM business division on September 21, 2009, and “F Co., Ltd. (hereinafter “Defendant”)” (hereinafter “Defendant”).

A) A company was established. Before the division, the company established pursuant to Article 530-9 of the Commercial Act prepared a plan for subdivision with the purport that the Defendant will not bear joint and several liability for the company’s obligations prior to the division, and obtained approval by a special resolution of the general meeting of shareholders on November 3, 2009. The company prior to the division announced the division to the effect that the creditors who have an objection to the division of this case should submit it through a newspaper on November 4, 2009. (2) The surviving company completed the registration of change due to the division on December 7, 2009, and the Defendant completed the registration of incorporation on the same day.

(hereinafter “instant division”). 3 The instant division is divided.

arrow