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1. The judgment of the court of first instance is modified as follows.
The issue of F Co., Ltd. is common shares between Defendant B, C, D, E and G.
Reasons
1. Basic facts
A. Defendant A is the spouse of G, and Defendant B, C, D, and E are children of G.
B. On July 5, 2011, the Plaintiff entered into a credit guarantee agreement with H Co., Ltd. (hereinafter “H”) with a credit guarantee period from July 5, 201 to July 4, 2012, with a credit guarantee amount of KRW 1.2 billion, and extended the credit guarantee period on July 4, 2012 by July 3, 2013.
(hereinafter “instant credit guarantee agreement”). On July 4, 2012, G, the actual manager of H and I, as the representative director of H, jointly and severally guaranteed a claim for reimbursement against the Plaintiff of H under the instant credit guarantee agreement within the scope of KRW 600 million.
(hereinafter referred to as “instant joint and several guarantee agreement”). H was loaned KRW 1.5 billion from the National Bank of Korea (hereinafter “National Bank”) in accordance with the instant credit guarantee agreement.
C. On October 25, 2012, G owns 250,000 shares of common shares (an amount of KRW 5,000 per share; hereinafter “the shares of a non-party company”) issued by the F Co., Ltd. (hereinafter “non-party company”). On December 31, 2012, G transferred 70,00 shares to J, 70,00 shares to K, and 30,00 shares of the non-party company to hold 80,00 shares of the non-party company.
G on January 10, 2013, 80,00 shares of the above non-party company were transferred to Defendant B, C, D, and E (hereinafter “Defendant B, etc.”) each 20,000 shares.
On March 7, 2013, Defendant A acquired 20,000 shares of Nonparty A by exercising the preemptive right on the basis of bonds with warrant against Nonparty A. D.
H From January 31, 2013, in arrears with interest on loans to a national bank, the occurrence of a credit guarantee accident on February 28, 2013. On April 30, 2013, the Plaintiff subrogated to the national bank for KRW 1,225,197,17,172.
E. On May 7, 2013, the Plaintiff filed an application with the Seoul Western District Court for a payment order seeking compensation for subrogation against H, G, and I, and the said court filed an application with H, G, and I on May 29, 2013.