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1. As to the Plaintiff’s KRW 1,00,000,000 and KRW 500,000,000 among them, Defendant C shall be from October 10, 2006 to 50,000.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) was established on June 14, 2006 for the purpose of housing construction business sales agency business, etc., Defendant B was registered as the representative director on the corporate register from the time of establishment to December 24, 2007; Defendant C was registered as the representative director on the corporate register from December 24, 2007 to December 1, 2014.
B. On June 9, 2006, D borrowed 200 million won from the Plaintiff for services related to the apartment project, and repaid 1 billion won in total with profits, etc., but 500 million won out of them shall be paid within 4 months, and 500 million won shall be paid within 8 months, and 500 million won shall be paid to the Plaintiff with the same loan certificate (hereinafter “the loan certificate in this case”).
However, no seal is affixed on the D name of the debtor debtor column, and the name of Defendant C and E indicated in the debtor column are affixed to the name of Defendant C and E, and only D’s corporate seal is affixed to the name of Defendant B.
However, the defendant B received and copied the original copy immediately after the drawing up of the loan certificate of this case, and then keeps the copy.
C. The Plaintiff remitted 100 million won to the account of Defendant B on June 9, 2006, according to the agreement with D, and remitted 100 million won to the second service cost on June 28, 2006.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 7, the purport of the whole pleadings
2. On June 9, 2006, the judgment D as to the claim against Defendant C borrowed 200 million won from the Plaintiff on the service cost related to the apartment project, and repaid 500 million won in total, but the amount of 500 million won in total was paid within 4 months and 500 million won was paid within 8 months. The fact that the seal was affixed on the part of the Defendant C’s name entered in the debtor column of the instant loan certificate prepared for the same purpose is recognized as above, and according to this, the Defendant C jointly and severally guaranteed the obligation of the above contract amount.