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1. The Defendants jointly and severally liable to the Plaintiff for KRW 283,105,520 out of KRW 288,284,221 and the said money.
Reasons
1. Basic facts
A. C (hereinafter “C”) and the Plaintiff entered into a loan agreement as follows (hereinafter “the loan agreement”). At the time, Defendant D, the representative director of C, was jointly and severally and severally and severally and severally liable for the loan agreement as set forth in Articles 1 and 3.
1) Amount of loan under a first loan contract: The loan rate of KRW 300,000: the rate agreed on April 29, 2013 to April 28, 2018 (date of agreement: April 26, 2013): 2.25% (fixed interest rate): 12% (fixed interest rate): the maximum amount of loan under a second loan contract: KRW 360,000,000: 30: 00,000: the loan period of KRW 1: 20: the agreement on November 26, 2015 to November 25, 2018; the rate of KRW 1: 20% (fixed interest rate of KRW 20: 0: 0.36%) interest rate of KRW 425% per annum; and the rate of KRW 10.36% per annum; 20.36% per annum; and
B. At the time of the second loan contract, Defendant D was exempt from the joint and several liability obligations for the second loan contract by concluding a transparent management performance agreement with the Plaintiff. The main contents of the above agreement are as follows.
Article 2 (Management Obligations) The contract party (referred to as Defendant D; hereinafter the same shall apply) will, instead of being exempted from joint management under the second loan contract, faithfully perform the following management obligations:
5. When disposing of not less than 1/2 of the shares in possession as at the time of withdrawal from management or conclusion of a transparent management performance agreement, Article 3 (Liability due to Breach of Duty) (1) of the Plaintiff’s prior consent (referred to as “performance of obligation due to breach of duty of management”) is breached the management obligation provided for in Article 2 as the real business owner who exercises substantial power and influence over management of C, from the time provided for in paragraph (3) of this Article, and is jointly and severally liable with C for the occurrence of the relationship under
③ The agreed person shall be deemed to be the address of the agreed person known to the Plaintiff.