구상금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 201,172,041 and KRW 201,009,851 among them. From July 5, 2018 to June 20, 2020.
1. Facts of recognition;
A. The Plaintiff is a special corporation established with the aim of contributing to the development of the national economy by guaranteeing the debt of an enterprise which lacks security capacity under the Technology Guarantee Fund Act, thereby facilitating corporate financing.
Defendant A Co., Ltd. (hereinafter “Defendant A”) is a non-corporate director of the capital amounting to KRW 39.4 million established on November 11, 2016 for the purpose of advertising agency, online and off-line marketing, and its representative is a director of the company C.
2) As of April 11, 2017, Defendant B owned 70,000 shares issued on a total of 100,000 shares as of April 11, 201, Defendant B owned all shares of the Defendant Company (total of 39,400 shares).
B. The Defendant Company applied for a technology evaluation guarantee to the Plaintiff to obtain a loan of KRW 200,000,000 without human and physical security, with a view to raising operating funds.
On May 24, 2017, the employee in charge of the plaintiff identified the status of the defendant company, management and shareholders, etc. prior to entering into a guarantee agreement with the defendant company, as the actual manager of the defendant company Eul, who is a major shareholder of the defendant company D, as the representative director and the major shareholder of the defendant company.
2) Accordingly, the employee in charge of the Plaintiff confirmed Defendant B’s resident registration number, address, cellular phone, academic background, major career, and residential situation (a lease contract under the mother’s name, deposit amount of KRW 200,000,000, monthly rent of KRW 1,600,000) and entered the written guarantee in the written guarantee, and entered the written guarantee in the written guarantee as “Defendant B, the actual manager of the joint and several liability guarantor,” and entered as “new start-up guarantee for the exemption of joint and several liability” in the written guarantee.
3) On May 26, 2017, the Plaintiff secured the Defendant Company’s obligation for the principal of loans to the Industrial Bank of Korea.