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1. Of the judgment of the court of first instance, the part against the Defendants exceeding the money ordered to be paid under the following subparagraphs shall be revoked.
Reasons
1. On December 30, 2010, Defendant B Co., Ltd. (hereinafter “Defendant Company”) entered into a monetary loan agreement with the Plaintiff on December 30, 2010 to borrow KRW 500 million from its wife, and Defendant C and In-house directors, the representative director of the Defendant Company, guaranteed the Defendant Company’s obligation under the said agreement.
Specific details are as follows:
1. The Defendant Company borrowed KRW 500 million from the Plaintiff and F from January 1, 201, and borrowed KRW 400 million from December 30, 201, and the remainder of KRW 100 million from March 30, 201.
2. The Defendant Company shall pay to the Plaintiff and F the interest on the amount borrowed from February 10, 201 to the Plaintiff and F until December 31, 2015, KRW 2 million as interest on the amount borrowed on the 10th day of each month.
3. The Defendant Company and the Plaintiff and F will pay 15% of the shares of the Defendant Company as security for the borrowed amount until March 31, 2011.
4. On December 31, 2015, the Defendant Company paid to the Plaintiff and F, both the Plaintiff and F, KRW 500 million of the borrowed principal and KRW 200 million of the loan principal, plus KRW 200 million of the loan principal, and the Plaintiff and F shall refund 15% of the loan interest of the Defendant Company to the Defendant Company.
② On January 22, 2014, the Defendant Company paid KRW 500 million to the Plaintiff and F, but did not perform the obligation to provide collateral prescribed in the foregoing paragraph 3, and the obligation to transfer 15% of the shares of the Defendant Company against the Plaintiff and F.
(Defendant’s preparatory documents and records No. 106 of December 12, 2014). 【No dispute over part of the grounds for recognition”, entry of evidence No. 1, and purport of the entire pleadings
2. According to the facts found in the establishment of the obligation to pay the agreed amount, the Defendants jointly and severally (the act of the Defendant company deemed to be a commercial activity and the principal obligation is deemed to be a commercial activity, and the principal obligation is derived from a commercial activity, and thus the principal obligor and the guarantor are jointly and severally liable pursuant to Article 57(2) of the Commercial Act) shall be KRW 100 million in the agreed amount and KRW 6% in the annual amount prescribed in the Commercial Act from January 1, 2016 to August 9, 2017, which is the day following the due date of the final judgment, from August 1, 2017 to the day of full payment.