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1. The Defendants are jointly and severally liable to the Plaintiff for 230,000,000 won and the period from October 20, 2016 to December 20, 2016.
Reasons
1. Facts of recognition;
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established on May 17, 2016 for the purpose of external franchise business, etc.
B. On September 5, 2016, the Defendant Company entered into a franchise agreement with the U.S. E company to acquire the right to operate Franchising business in Korea (hereinafter “instant business right”) and paid down payment of USD 200,000 (22,1540,000) to E company on the same day.
C. On October 20, 2016, Defendant Company borrowed KRW 230,000,000 from Plaintiff on December 20, 2016, with a view to raising the balance of KRW 200,000,000,000 from Plaintiff on December 20, 2016, with a maturity of KRW 10% per annum, and overdue interest rate of KRW 19% per annum. Defendant C (representative director of Defendant Company) and Defendant D (in-house director of Defendant Company) jointly and severally guaranteed the Defendant Company’s obligation to pay the Plaintiff the remainder of KRW 230,000 (22,5640,000). On the same day, Defendant Company received KRW 230,000 from Plaintiff and paid the remainder of KRW 20,000 in E Company.
On October 20, 2016, Defendant Co., Ltd provided the Plaintiff with the instant goodwill as collateral for the obligation to borrow the loan, and at this time, Defendant C also provided the Plaintiff with 39,020 shares of the Defendant Co., Ltd. (hereinafter “instant shares”) as collateral for the said loan, and entered into a contract for the transfer and acquisition of shares (hereinafter “instant share acquisition agreement”) with the Plaintiff on the same day.
The main contents thereof are as follows:
The transferor (C) is a shareholder of the Guarantee Corporation (Co., Ltd.) and intends to transfer 39,020 shares (65.03%) of the Guarantee Corporation held by the transferor as of the date of this contract to the transferee (Co., Ltd.) and the transferee will take over the shares from the transferor.
Article 1 (Transfer and Acquisition of Subject Shares), a transferee, a guarantee corporation and a D shall be governed by Article 2 of the Money Loan Agreement.