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1. The Defendant’s KRW 250,000,000 as well as the Plaintiff’s annual interest from February 18, 2015 to July 12, 2015, and the following.
Reasons
1. Basic facts
A. The Plaintiff filed the instant lawsuit against C with the Plaintiff and withdrawn the lawsuit.
On December 29, 2014, while the case on division of property is pending, between C and C, and ① 45.5% of the shares of the Defendant Company B (hereinafter “Defendant Company”) owned by the Plaintiff and 18% of the shares of the Defendant Company D, and the Plaintiff withdraws from the representative director of the Defendant Company. ② At the time when C takes over each of the above shares from the Plaintiff, C takes over the shares from the Plaintiff, and at the same time, paid KRW 150 million to the Plaintiff. ③ The joint and several surety of the Defendant Company’s debt amounting to KRW 400 million from the Plaintiff to C and implement the procedure with the consent of E (hereinafter “instant agreement”).
B. On December 31, 2014, the Plaintiff resigned from the representative director of the Defendant Company, and C was appointed as the representative director of the Defendant Company on the same day.
C. The Plaintiff paid KRW 250 million to E five times from January 31, 2015 to February 17, 2015 for the repayment of the Defendant Company E’s debt.
【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 3, and Eul No. 1 and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff agreed with the Plaintiff to change the joint and several surety of the Defendant Company E from the Plaintiff to C, but C did not obtain the consent of E to change the joint and several surety to the Plaintiff. Accordingly, despite the agreement of this case, E demanded the Plaintiff, a joint and several surety, to repay the debt of KRW 400 million to the Plaintiff, a joint and several surety, and the Plaintiff repaid the Defendant Company E as a joint and several surety KRW 250 million out of the debt of KRW 400 million.
Therefore, the Defendant Company, as the principal obligor, should pay the amount of reimbursement equivalent to the above KRW 250 million paid by the Plaintiff as the joint and several surety to the Plaintiff as the principal obligor and the damages for delay.
B. The Defendant Company C shall reach the instant agreement.