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(영문) 서울고등법원 2016.04.29 2015나2057858
구상금
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. A. Around August 30, 1999, the Defendant, along with the Plaintiff, established C Co., Ltd. (hereinafter “C”) with the purpose of manufacturing and selling electric parts, manufacturing and selling sprinkling machines, etc. Since May 2009, the Defendant, from around May 2009, was in charge of manufacturing and selling sprinkling machines, and the Plaintiff was practically separately operating the said company.

On the other hand, around February 3, 2010, H Co., Ltd. (hereinafter “H”) was established for the purpose of manufacturing and selling electric parts, selling electric power parts, winding machines, winding machines, winding machines, air waveing machines, earthter manufacturing and selling business, real estate leasing business, etc.

M, seen as the wife of the plaintiff, is recorded as the representative director or the representative director in the corporate register.

B. The defendant is written in the corporate register as C's representative director from August 30, 199 to August 30, 2002, and from February 27, 2007 to February 27, 2010.

In addition, the defendant was entered in the corporate register as a representative director of C on June 4, 2010, but was removed from office on August 2, 2010, but confirmed that there was no resolution of the general meeting of shareholders on August 2, 2010 of C, the dismissal of the defendant, which became final and conclusive on January 27, 201 (Seoul District Court Decision 2010Gahap2557 decided January 27, 201).

Meanwhile, the Plaintiff, as an auditor ofC, worked from February 27, 2007 to March 29, 2010, was recorded in the corporate register as an internal director from March 28, 201 to January 31, 2012.

C. In order to obtain a loan of KRW 300 million from a corporate bank, C entered into a credit guarantee agreement between the Credit Guarantee Fund and the Korea Credit Guarantee Fund for the credit guarantee period from March 10, 2009 to March 9, 2010, and the principal of the credit guarantee amount of KRW 285,00,000, respectively, and the Plaintiff and the Defendant jointly and severally guaranteed the above credit guarantee obligations of KRW C.

On the other hand, the credit guarantee principal was reduced to 270,000,000 on March 9, 2010.

The above joint and several liability obligations of the Plaintiff and the Defendant with respect to the Credit Guarantee Fund.

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