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(영문) 수원지방법원 2019.02.01 2018가단509464
구상금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Facts of recognition;

A. On December 30, 2010, the Defendant concluded an agreement (hereinafter “instant agreement”) with D Co., Ltd. (hereinafter “Nonindicted Company”) as follows (hereinafter “instant agreement”); Nonparty Company A and Defendant respectively.

1. A shall receive a loan from the Technology Publication Fund in the name of “A” to pay the full amount of the loan with the debt amount of “B” in the name of “B” out of the amount of the obligation to be repaid by B.

Necessary documents related to loans shall be submitted to the Korea Technology Finance Corporation in charge of Gap's liabilities.

2. A shall pay B the full amount of the loan immediately after the payment of the loan is made by the Korea Technology Finance Corporation, and B shall pay B the loan amount of KRW 1% fee of KRW 9,400,000 for the old loan of KRW 940,000 ( KRW 940,000), and the loan interest and all additional costs incurred each month, and pay B not later than the day before the payment is made.

3. B promises to the rights to receive capital increase with respect to the Defendant at the request of the Defendant A, and the capital increase with respect to capital increase shall be to the amount equivalent to one billion won (500 won) (500 won) regardless of the reduction of capital (Reduction of Capital).

(hereinafter omitted)

B. On December 31, 2010, Nonparty Company entered into a credit guarantee agreement with the Korea Technology Finance Corporation (hereinafter “the instant credit guarantee agreement”). Under the said credit guarantee agreement, Nonparty Company was issued a credit guarantee agreement with the Korea Technology Finance Corporation (hereinafter “the instant credit guarantee agreement”). The credit guarantee agreement was issued on December 30, 201 as the guaranteed amount of KRW 940,000,000,000, and the guarantee term was changed to December 27, 2011.

At the time of the above credit guarantee agreement, E and the defendant were the representative director of the non-party company at the time of the above credit guarantee agreement, and the plaintiff was appointed as the representative director of the non-party company on October 7, 201, and entered as the joint guarantor of the above credit guarantee agreement on December 19, 201.

On December 31, 2010, the non-party company submitted the above credit guarantee letter to the F Co., Ltd. and submitted 940,000,000 won or less from F Co., Ltd. (hereinafter “F”).

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