증권
1. In accordance with the conjunctive claim added by the Plaintiff in this court, the Defendants jointly and severally agreed to KRW 25,00,000 to the Plaintiff.
1. Facts of recognition;
A. On January 17, 2017, Defendant B entered into a contract to acquire D’s shares (registered common shares with a face value of 5,000 per share) and management rights for KRW 200 million (hereinafter “instant acquisition agreement”).
B. On February 10, 2017, in order to prepare the price for the instant transfer agreement, Defendant C was hired by a person who will lend the business fund through Defendant C, and then borrowed KRW 30 million from the Plaintiff from the Plaintiff on February 10, 2017, and the Plaintiff prepared a loan certificate with the following contents (hereinafter “the instant loan certificate”), and Defendant C guaranteed the above loan obligation.
Defendant B borrowed 30 million won (30,000,000 won) from the Plaintiff and agreed to repay 35,000 million won until March 10, 2017, and confirmed that 50% of the shares of D owned by Defendant B will be transferred free of charge in the event that Defendant B fails to comply therewith. Defendant C guarantees all of the above matters. Defendant C does not have a guarantee for the obligations under the instant loan certificate against the Plaintiff. However, Defendant C’s assertion on the instant loan certificate is not acceptable as it stated “I will guarantee all of these matters” on the instant loan certificate.
C. Defendant C received KRW 30 million from the parent-friendly F’s account, and received KRW 10 million from which he used, and transferred the remainder KRW 20 million to Defendant B.
Defendant B used the said KRW 20 million as business funds, such as employee benefits, and remitted KRW 3 million to the said F’s account on April 22, 2017, and delivered KRW 5 million in cash to Defendant C on April 24, 2017, and remitted KRW 10 million to the said F’s account on June 22, 2017.
On the other hand, Defendant B was unable to pay the balance under the instant transfer agreement to Nonparty B and third parties on April 17, 2017, and the said transfer agreement is the said transfer agreement.