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1. The defendant shall pay 131,00,000 won to the plaintiff and 20% per annum from March 25, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. A. Around August 30, 1999, the Defendant, along with the Plaintiff, established C Co., Ltd. (hereinafter referred to as “C”). From May 2009, the Defendant had been in charge of the production of cryle, the Plaintiff, and the Plaintiff. Meanwhile, the Defendant worked as C’s representative director from August 30, 199 to August 30, 2002, and from February 29 to March 27, 2010, the Plaintiff worked as C’s auditor from March 5, 2007 to October 30, 2010.
B. On March 9, 2009, the Plaintiff and the Defendant obtained credit guarantee from the Korea Credit Guarantee Fund to obtain corporate bank loans. Each joint and several surety was limited to KRW 285,00,000,000, and the credit guarantee limit was reduced to KRW 270,000 on March 9, 2010.
C. On October 13, 2010, C had a guarantee accident in arrears with corporate bank loan obligations, and the Plaintiff repaid KRW 262,00,000 to the Korea Credit Guarantee Fund as of February 262, 201, and the Defendant exempted the Korea Credit Guarantee Fund from all joint and several debt obligations.
Grounds for Recognition: Evidence No. 1, Evidence No. 2-1, Evidence No. 2-3, Evidence No. 3 and 4, Evidence No. 1, the whole purport of the pleading
2. The allegations by the parties and the judgment thereof
A. According to the facts stated in the above Paragraph 1 as the cause of the claim, the plaintiff and the defendant jointly bear the joint and several liability to the Korea Credit Guarantee Fund, and barring any special circumstance, the defendant is obligated to pay to the plaintiff 262,00,000,000 (262,00,000/2) and damages for delay at the rate of 20% per annum from the day after the delivery date of the copy of the complaint of this case to the day of complete payment, unless there are special circumstances.
B. The defendant's assertion is that the plaintiff paid out the joint and several liability obligations of the Korea Credit Guarantee Fund with assets deducted from the principal debtor C who was the representative director, and the plaintiff does not withdraw and repay his assets.