(영문) 서울중앙지방법원 2015.05.28 2014가단5288612

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(영문) 서울중앙지방법원 2015.05.28 2014가단5288612

구상금

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1. The plaintiff's claim is dismissed.

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

Reasons

1. Summary of the plaintiff's assertion

A. B Co., Ltd. and C’s indemnity liability 1) under the credit guarantee of each of the plaintiffs, B, with the loans of 50 million won from the bank on February 27, 1996, and 50 million won from the Han Bank on September 13, 1997, and C, with the joint and several liability of indemnity against the plaintiff under the above credit guarantee agreement. (2) As B delayed the performance of each of the above loans, the plaintiff paid 40,364,287 won to Han Bank on April 18, 1998, and 52,153,8333 won to the Korean Bank on May 8, 1998.

3. The amount of liability for indemnity against the plaintiff of a stock company B and C under the above credit guarantee agreement shall be equivalent to the amount of each payment by subrogation and penalty of 141,780 won, the amount of compensation by subrogation, the amount of compensation by subrogation for claims of 3,754,126 won, and the amount of damages for delay for each payment by subrogation

B. Since May 8, 1998, D, the representative director of B, who is the business takeover, who belongs to the business name, continued to operate the business in the name of B by taking over the business of B, a stock company, around May 8, 1998, and D closed the business on March 31, 2005, the Defendant, who is a type D and D, continued to operate the business in the name of “E” by taking over the business of “B” from D to “E.

The Defendant’s trade name “E” is similar to B and B, and the Defendant acquired the instant indemnity debt, which is the business debt of the Plaintiff, jointly and severally with B and C, as the business transferee, who belongs to the Plaintiff, is a business transferee, who belongs to the trade name, is liable to perform the instant indemnity debt, which is the business debt of the Plaintiff.

2. The evidence presented by the Plaintiff alone is insufficient to recognize that the Defendant acquired the business of the Plaintiff Company B in succession through D, and there is no other evidence to prove otherwise.

Even if the Defendant had taken over the business by deceiving B’s trade name.

Even if the lawsuit of this case is asserted by the plaintiff.

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