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1. The Plaintiff:
A. Defendant B’s KRW 718,313,760 as well as 5% per annum from August 8, 2006 to January 5, 2009.
Reasons
1. Indication of claim;
A. Basic facts 1) Defendant B is the F Co., Ltd. (hereinafter “F”) upon the recommendation of E, an associate of his high school.
A) At the time of May 23, 2005, H and Defendant D agreed to acquire F’s management right by transfer of F’s shares from G, etc. on or around June 27, 2005. Around August 26, 2005, H and Defendant C, the representative director of Defendant C (hereinafter “Defendant C”) (hereinafter “Defendant C”), were to obtain a loan of KRW 1.6 billion from J bank by implementing the main apartment development project located in Gangdong-gu Seoul, thereby obtaining a loan of KRW 1.6 billion from the J Bank. If the F loaned KRW 60 million to the above development project, the F would have an ability to obtain a loan of KRW 1.6 billion from the above 1.6 billion from the capital increase, and the F would have an ability to obtain a loan of KRW 3.5 billion from the above 1.6 billion from the capital increase.
3) In order to accept the proposal of H et al. and lend the amount of KRW 600 million to them, Defendant B, who was in need of funds to increase the capital of KRW 3.5 billion, personally borrowed KRW 600 million from K and L, which was known through E around August 30, 2005, with the purport that “F would redeem the total amount of KRW 800 million by October 31, 2005,” prepared a loan certificate in the name of the representative director in the name of K and L, and delivered it to K and L, and around September 8, 2005, the amount of KRW 1,104.5 square meters (hereinafter “instant land”).
(4) On August 31, 2005, F completed the registration of creation of a mortgage over KRW 800 million with respect to the maximum debt amount, and F.C. 3.5 million out of the above KRW 600 million borrowed in the name of F around August 31, 2005, the amount of KRW 2.5 million to Defendant C, and the amount of KRW 2.5 million to Defendant D with each due date set on October 30, 2005 (hereinafter “the instant loan”). However, F did not take any measures to secure the above credit while Defendant B, a representative director of F. F.