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1. Defendant B shall pay to the Plaintiff KRW 191,396,993 as well as 15% per annum from October 19, 2017 to the date of full payment.
Reasons
1. The following facts do not conflict between the Plaintiff and the Defendant B, and the Plaintiff and the Defendant C may be acknowledged by taking account of the overall purport of the pleadings as a whole in their respective descriptions of evidence Nos. 1, 2, 1 through 3, and 1 through 3.
The Defendants accepted the Plaintiff’s shares in 2008, and operated the Plaintiff as the representative director, and Defendant C as the chief of the management office.
B. At the time when the Defendants operated the Plaintiff, the Plaintiff respectively loaned KRW 100 million for small and medium enterprise funds and KRW 50 million for fostering small and medium enterprises from a corporate bank on September 24, 2012 and October 30, 2015.
C. Since then, the Defendants disposed of the Plaintiff’s shares in 2016 and become the chief executive officer and the chief executive officer.
2. As to the claim against Defendant B, Defendant B made an agreement between the parties to pay the Plaintiff KRW 191,396,93 (10 million + 50 million + 41,396,93 + 930 million + 50,000 won + 51,00 won + 41,396,93) with each loan obligation of KRW 100,000 and 51,396,93, which is the Plaintiff’s debt, as well as the Plaintiff’s debt for fostering small and medium enterprises. There is no dispute between the parties.
According to this, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from October 19, 2017 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
3. Determination as to the claim against Defendant C
A. The Plaintiff agreed with Defendant C to pay KRW 191,396,93, which is the sum of the Plaintiff’s debt, as well as the amount of KRW 100 million for small and medium enterprise promotion funds and KRW 50,000,000 for small and medium enterprise promotion funds, as well as each loan debt of KRW 41,396,93 for D, E, and F, and to pay KRW 191,396,93, which is the sum of the amount to the Plaintiff. Thus, Defendant C and each of the above agreements with Defendant B are liable to pay
B. According to the statement in Gap evidence No. 4, the defendant.