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(영문) 수원지방법원성남지원 2015.05.08 2013가합8867
구상금
Text

1. The Defendant’s KRW 621,562,890 for the Plaintiff and 5% per annum from September 6, 2013 to May 8, 2015.

Reasons

1. Basic facts

A. The Plaintiff’s division and the Plaintiff’s establishment of C Co., Ltd. established in 198 and engaged in salt pay, glass, and intermediate material sales and steel distribution, and establish C Co., Ltd. (hereinafter “C”) by dividing the steel distribution business sector by the method of personnel division under the Commercial Act (hereinafter “instant division”), and completed the registration of subdivision on September 3, 2009.

B. On July 31, 2007, the Plaintiff entered into a credit transaction agreement with the National Bank (hereinafter “National Bank”) to obtain a loan of KRW 616 million from the National Bank (hereinafter “National Bank”). The Plaintiff, the representative director of the Plaintiff, entered into a comprehensive guarantee agreement with the National Bank to guarantee all of the Plaintiff’s obligations to the National Bank within the limit of KRW 81 million with the National Bank.

B) After the establishment of the instant division C, the debtor of the instant loan 1 changed from the Plaintiff to C. On October 20, 2009, the Plaintiff entered into a comprehensive collateral guarantee agreement with the National Bank to guarantee the joint and several obligations to the National Bank up to the limit of KRW 295 million with the National Bank. 2) On July 31, 2007, the Plaintiff entered into a credit transaction agreement with the National Bank to obtain a loan of KRW 180 million from the National Bank (hereinafter “instant two loan agreement”).

(B) After the establishment of the instant division C, the debtor of the instant loan 2 was changed from the Plaintiff to C. On October 20, 2009, the Plaintiff entered into a comprehensive collateral guarantee agreement with the National Bank to guarantee the joint and several obligations of the National Bank C arising out of the said loan agreement.

3) On April 28, 2008, the Plaintiff is below a credit transaction agreement under which the Plaintiff would obtain a guarantee loan of KRW 600 million from a national bank.

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