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(영문) 창원지방법원 2015.01.30 2014가단78310
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On November 15, 2004, the Plaintiff entered into a credit guarantee agreement between D and D, which would be borrowed from the Industrial Bank of Korea, with respect to the principal and interest obligation of small and medium enterprise loans that D will be borrowed from the Industrial Bank of Korea, by setting the guarantee amount of KRW 170,00,000,000, and the guarantee period of November 13, 2009, and issued a credit guarantee certificate in accordance with the above credit guarantee agreement. D obtained a loan of KRW 200,000,000 from the Industrial Bank of Korea as security.

B. Since then D had failed to pay the above loan principal, a credit guarantee accident occurred. On March 3, 2010, the Plaintiff subrogated to the Industrial Bank of Korea for the total amount of KRW 175,239,325.

C. The Plaintiff filed a lawsuit claiming the amount of reimbursement against D and received a favorable judgment on October 22, 2010, that is, “D shall pay the Plaintiff 177,092,375 won and 175,239,325 won among them, 15% per annum from March 3, 2010 to August 9, 2010, and 20% per annum from the next day to the date of full payment.”

Meanwhile, Defendant A Co., Ltd. (hereinafter “Defendant A”) was a corporation incorporated on April 12, 2012, with the head office “Seoul Development Group E” and the purpose of “Electric Fire-Fighting Construction Business (the purpose of which is deleted on May 7, 2014, added to the purpose of electrical construction business), wholesale business of fire-fighting materials, construction business, real estate leasing business, and business incidental to each subparagraph” (hereinafter “Defendant A”) and the head office “F, internal director, and auditor, who are his/her father, at the time of its incorporation, were G, and the auditor were the wife of D.

E. Defendant B (hereinafter “Defendant B”) is a corporation incorporated on April 9, 2012 with the head office as “Special Construction, Distribution and Construction of Electrical Construction, Electrical Equipment Sales and Construction, Fire-Fighting and Telecommunications, New Energy Construction Business, Electric Fire-Fighting Construction Business (additional on November 28, 2013), Special Fire-Fighting Construction Business (Additional on November 28, 2013), and all incidental business related to each subparagraph,” and the representative director and internal director at the time of its incorporation as the corporation incorporated on April 9, 2012.

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