1. Certificates drawn up by the Defendant’s notary public against the Plaintiff on May 8, 2014, No. 221, 2014.

1. Basic facts

A. The Plaintiff is a company established to run a business such as liquor wholesale business, and Nonparty C was appointed as an internal director of the Plaintiff Company on March 11, 201, and on August 8, 2011, the Plaintiff was appointed as the representative director of the Plaintiff Company, and on March 11, 2014, the term of office of the director and the representative director expired.

B. On May 8, 2015, C approved the fact that a notary public on behalf of the Plaintiff was liable for the debt amounting to KRW 500 million from the creditor (Defendant) on May 1, 2014, as a joint and several surety for the debtor, the defendant himself/herself as a joint and several surety for the Plaintiff under No. 221, 2014, and that the debtor, the joint and several surety (C) bears the debt amounting to KRW 100,000,000 from the creditor (Defendant), and the same year.

7.30.5 million won in each of the installment payments shall be the 30.5 million won.

Types of obligations: indemnity money. Interest shall be paid at the rate of 12% per annum on the 30th of each month.

“C. At the time of May 8, 2014, the Plaintiff Company’s director D, E, F, and G had an internal director D, E, and G, and the Plaintiff Company’s articles of incorporation provide “at least three directors of this Company.”

‘The Court determines'.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, 3-3, Eul evidence 9, the purport of the whole pleadings

2. Article 386(1) of the Commercial Act provides, “In cases where a director is determined by law or the articles of incorporation, he/she shall have the rights and duties of the director until his/her newly appointed director is appointed, due to the expiration of his/her term of office or resignation.” Article 389(3) of the same Act provides, “Article 386(3) of the same Act shall apply mutatis mutandis to

Therefore, in ordinary cases, when the number of representatives is determined by the law or the articles of incorporation due to the termination of the term of office, the retired representative due to the expiration of the term of office or the resignation shall have the rights and duties of the representative director until his/her successor is appointed.

However, Article 386 of the Commercial Code is amended.