Text
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 101,852,526 and the interest rate thereon from August 13, 2013 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd”) established the head office in Sung-nam City F and 410 in Sung-nam City, and was established on May 4, 2012 as a corporation engaged in the business of wholesale and retail of electricity, electronic products and components, trade, hardware and software research and development, consulting, etc.
B. At the time of the incorporation of the Defendant Company, the Plaintiff was the representative director of the Defendant Company, the Defendant C was the internal director, and G was each appointed as an auditor, and as of November 30, 2012, the shares of the Defendant Company were owned by the Plaintiff, Defendant C and H, respectively, 41%, 20%, and 39%.
C. After that, Defendant D was appointed as outside directors at the temporary shareholders’ meeting held on December 4, 2012 of the Defendant Company (hereinafter “temporary shareholders’ meeting”). The Plaintiff was dismissed from the representative director at the board of directors held on December 20, 2012 of the Defendant Company (hereinafter “Board of Directors”), and on the same day, Defendant C was appointed as the representative director of the Defendant Company.
After that, Defendant E was appointed as an internal director of the Defendant Company on February 6, 2013, and Defendant C resigned from the representative director of the Defendant Company on February 13, 2013, and on the same day, E was appointed as the representative director of the Defendant Company.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings
2. Comprehensively taking account of the overall purport of the arguments in the evidence No. 9-1 to 3, and evidence No. 10 as to the claims against the Defendant Company, the Defendant Company borrowed KRW 20,000,000 from the Industrial Bank of Korea on July 2, 2012 as interest fluctuation rate (3.424%) and the due date of repayment on July 12, 2013, the Plaintiff, the representative director of which was the Defendant Company, as of July 12, 2013, jointly and severally guaranteed the Defendant Company’s above loan obligations; and further, the Defendant Company borrowed KRW 80,000,000 from the Industrial Bank of Korea on October 24, 2012 as interest fluctuation rate (3.97%) and the due date of repayment on October 24, 2013 as well as the Defendant Company’s debt guaranteed the Defendant Company’s above loan obligations.