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1. The defendant and the plaintiff's appeal are dismissed.
2. The costs of appeal are assessed against the defendant and the plaintiff.
3. The plaintiff and the plaintiff.
Reasons
1. Basic facts
A. (1) On October 17, 2016, Plaintiff D changed its trade name from October 17, 2016 to the current trade name. The company was established for the purpose of engaging in a liquor wholesale business, etc. on January 25, 1994, and B is a person who is in office as the representative director of the Plaintiff from October 17, 2016 to October 17, 2016. (2) The Defendant is a person who served as the Plaintiff’s internal director from August 11, 2014 to August 11, 2017.
3) From the time of the Plaintiff’s establishment to September 12, 2014, “E” was a person who held office as the representative director of the Plaintiff, and “E” (H) is a child of E. (b) “E” (i) on April 8, 2011, including a loan certificate, a stock transfer contract, and an authentic deed preparation, etc. against the Defendant of E (i) “E 40,000,000 won from E F, 2% per interest month, and one month after the date when the repayment was requested,” and at that time G did not sign the said loan certificate as a guarantor of E.
2) On November 201, E prepared and delivered to the Defendant a certificate of borrowed money stating that “E shall borrow KRW 60,00,000 from the Defendant on a monthly basis and on March 29, 2012,” and at that time G at that time signed the said certificate of borrowed money as E’s guarantor. At that time, E transferred KRW 2,250,000 of the Plaintiff’s shares to the Defendant on December 28, 201, and received KRW 4,50,000 as the last day of each month from the end of January 2012, and received KRW 30,000,000 from the Defendant on the following day.
4) At around 2012, G prepared and delivered to the Defendant a certificate of loan stating that “G shall borrow KRW 70,000,000 from the Defendant on a monthly basis and October 2012.” 5) E as the representative director of the Plaintiff on January 10, 2013, “the Defendant” as the representative director of the Plaintiff on January 3, 2013, the Plaintiff borrowed KRW 370,000,000 from the Defendant on a yearly basis and on June 30, 2013, with the maturity of KRW 18% from the Defendant on January 3, 2013, and E.