구상금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 25,73,69 and KRW 25,725,205, out of the aforementioned money. < Amended by Presidential Decree No. 27460, Aug. 26, 2016>
1. On February 17, 2015, the Plaintiff indicated the claim 0: (a) on February 17, 2015, Defendant A Co., Ltd. (hereinafter “Defendant Co., Ltd”) and the guaranteed amount of KRW 25.5 million; (b) on February 4, 2016 (amended to February 3, 2017), and on February 3, 2016, Defendant B, the representative of the Defendant Co., Ltd at the time when the contract was entered into a credit guarantee agreement, setting the estimated loan amount of KRW 30 million; (c) the Defendant Co., Ltd. received a credit guarantee agreement issued by the Plaintiff for the repayment obligation at KRW 30 million from the Nonghyup Bank as collateral; and (d) thereafter, the Defendant Co., Ltd did not pay the principal and interest of the Defendant Co., Ltd.; (d) on August 25, 2016, at the rate of KRW 2538,375,500,000,000 subrogated interest rate of KRW 1385.
2. Grounds for recognition;
(a) Defendant Company: Each entry in the evidence set forth in subparagraphs A through 7, and the purport of the whole pleadings;
(b) Defendant B: deemed confession (Article 150(3) of the Civil Procedure Act);
3. Determination as to the assertion of the Defendant Company: Article 393(1) of the Commercial Act provides that “The disposal and transfer of important assets, borrowing of large-scale assets, the appointment or dismissal of managers, and the establishment, relocation, or closure of branch offices, etc. shall be subject to a resolution of the board of directors.” However, even if the representative director of a stock company did not undergo a resolution of the board of directors under the above provision, the resolution of the board of directors is merely an internal decision-making of the company, and if the other party to the transaction knew or could have known that there was no such resolution of the board of directors, such resolution of the board of directors is merely an internal decision