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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Nonparty I’s corporate activity is the actual shareholder of Nonparty J (including K, a full-time company, etc.)’s entire shares, and is the representative director of Nonparty L (hereinafter “L”).
I, taking advantage of the above position, operated J and L (hereinafter referred to as "each company of this case") as one company in fact.
B. (1) On August 31, 201, the Plaintiff filed a lawsuit claiming the payment of the loan and the joint and several sureties with I as Seoul Western District Court Decision 2013Na3011, the Plaintiff’s interest rate of KRW 300,000,000,00, 2% per month, the interest rate of arrears rate of KRW 3% per month, August 31, 2012 with the maturity of payment, and the payment of interest at least once in arrears. On October 10, 2012, each of the instant companies jointly and severally guaranteed the I’s loan obligations. (2) On October 10, 2012, the Plaintiff filed a lawsuit against each of the instant companies seeking the payment of the loan and the joint and several sureties.
In the foregoing case, May 24, 2013, “I and each of the instant companies jointly and severally rendered a judgment that “the Plaintiff shall pay to the Plaintiff the amount of KRW 246,00,000,000 with interest rate of KRW 36% per annum from October 1, 2012 to the date of full payment,” and the judgment became final and conclusive on June 18, 2013.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 7, and 9, the purport of the whole pleadings
2. The plaintiff's assertion
(a) As a director of the J, Defendant B, C, and E shall perform their duties not to incur damage to the J as a claim for subrogation against the damage claim of J (Defendant B, C, E).
Nevertheless, the above Defendants intentionally incurred damage to the J by attending the Council of the J and consenting to a resolution approving the obligation of joint and several sureties against the Plaintiff by the J.
Therefore, the above Defendants jointly share the amount equivalent to KRW 246,50,000 and damages for delay at the rate of 36% per annum from October 1, 2012 to the date of full payment.