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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the lower court ordering payment shall be revoked.
Reasons
1. Facts of recognition;
A. On June 29, 2012, the Plaintiff, the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”), prepared a “written undertaking of repayment of provisional loan (hereinafter “instant agreement”) with the Defendant Company, and Defendant C, D, and E, based on the said agreement, jointly and severally guaranteed the obligation owed by the Defendant Company to the Plaintiff. The key contents of the agreement are as follows: (a) A LA agreement to repay provisional loan (loan) from July 20, 2010 to May 31, 2012, the Plaintiff agreed to jointly and severally repay the amount of KRW 230,000,000 won of the former representative director A, who deposited with the corporate passbook from July 20, 2010 to May 31, 2012.
1. Installment redemption of principal: From July 2012 to July 2012, 10 million won as of the last day of each month shall be deposited in A’s account until the whole principal of the provisional deposit is deducted;
2. Payment of interest: It shall be deposited at the rate of 5% per annum on the remaining amount of provisional deposit when principal is repaid in installments; and
3. Other: (1) When the above contents are not fulfilled, all legal responsibilities shall be jointly and severally signed and sealed by the Bank of Korea.
(2) Where the repayment of provisional deposit is completed, A shall transfer it to a person who desires to hold a stock.
B. At the time of the preparation of the instant agreement, in the corporate register of the Defendant Company, the Plaintiff was registered as the representative director, the F and Defendant D as each internal director, and the Defendant C as the auditor respectively.
On July 9, 2012, after the formation of the instant agreement, Defendant C was appointed as representative director, G and Defendant E as inside director, and Defendant D as auditor, respectively.
C. At the time of the preparation of the instant agreement, the total number of shares issued by the Defendant Company was 100,000 shares. Among them, the Plaintiff and Defendant C each owned 30,00 shares, H and Defendant E and D, each of 10,00 shares, F, 7,00 shares, and 3,00 shares, respectively.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2 and Eul evidence 1 to 3, the purport of the whole pleadings
2. Judgment on the parties’ assertion
A. The plaintiff 1 is a summary of the parties' assertion.