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(영문) 창원지방법원 2015.10.07 2014가합32823
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 October 25, 2006, the Defendant related to the parties is the major shareholder of the non-party company that established the non-party company C (hereinafter “non-party company”) with the manufacturing of heat exchange apparatus, etc. for its business purpose. On March 26, 2009, the Plaintiff, a non-party company, who was the defendant, was appointed as the representative director of the non-party company and operated the non-party company with the non-party D as well.

B. On July 23, 2009, the Industrial Bank of Korea extended a loan of KRW 100 million to the non-party company (hereinafter “the first loan”) to the non-party company (hereinafter “the first loan”).

(2) On July 21, 2009, the Plaintiff jointly and severally guaranteed the non-party company’s debt amounting to KRW 120 million to the above bank on the same day under the guarantee limit (including interest, delay damages, and all incidental claims). 2) On July 21, 2009, the Plaintiff concluded a mortgage agreement with the above bank as to the non-party company’s debt amounting to the non-party company’s debt amounting to the non-party company’s debt amounting to the non-party company’s debt amounting to the non-party company’s debt amounting to the non-party company’s debt amounting to the non-party company’s debt amounting to the non-party company’s debt amounting to KRW 120 million

3) On April 19, 2010, the Industrial Bank of Korea entered into a credit transaction agreement with the non-party company up to KRW 70,000,000,000 for corporate purchase loan. On the same day, the Plaintiff jointly and severally guaranteed the above loan obligations of the non-party company to the above bank as the guarantee limit (including all interest, delay damages, and incidental claims). On April 19, 2010, the Plaintiff entered into a mortgage contract with the above bank with respect to the instant real estate on April 19, 2010, under which the non-party company’s second loan obligations of the non-party company as the collateral obligation, and on the same day, completed the establishment registration of the mortgage over KRW 84,00,00

5 In accordance with the above credit transaction agreement, the non-party company: (a) KRW 69,517,063 from the above bank on April 20, 2010; (b) KRW 39,60,000 on the same day; and (c) KRW 9,980,000 on May 3, 2010.

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