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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 2,935,366,559 and KRW 1,972,453,426 from May 30, 201.
Reasons
1. Determination on the cause of the claim
A. Facts of recognition 1) A Mutual Savings Bank Co., Ltd. (hereinafter “SaB”) (hereinafter “SA”)
) On May 9, 2005, D Co., Ltd. (hereinafter “debtor Company”) is called “debtor Company”).
(2) Upon entering into a credit transaction agreement with the bank, the credit limit amount is KRW 3.3 billion per annum, interest is KRW 10.5% per annum, 21% per annum, and the expiration date of the credit transaction agreement on May 9, 2006, respectively. The Defendants jointly and severally guaranteed the debtor company’s obligations under the credit transaction agreement against the bank. (2) On June 30, 2006, the bank extended the expiration date of the credit transaction agreement on May 9, 2007, and the Defendants agreed thereto.
3) On June 29, 2007, the non-party bank concluded a credit transaction agreement between the debtor company and the debtor company on May 9, 2008, with interest 10.5% per annum, and concluded a credit transaction agreement with 21% per annum, with a loan of 3.3 billion won per annum, and disposed of the repayment of loans under the credit transaction agreement as set forth in paragraph (1). On the same day, the defendants jointly and severally guaranteed each guarantee limit for the debt owed by the debtor company pursuant to the above credit transaction agreement with the non-party bank as 4.3 billion won.
Defendant B (hereinafter “Defendant B”)
A. Defendant B, who signed the above joint and several guarantee agreement on behalf of Defendant B, retired from Defendant B on March 31, 2007, but only the registration of his retirement was completed on November 21, 2007, and C did not have the right to enter into the joint and several guarantee agreement on behalf of Defendant B. However, according to Articles 389(3) and 386 of the Commercial Act, where a representative director who was retired due to the expiration or resignation of his term of office has the right and duty of representative director until the newly appointed representative director is appointed.
According to subparagraph 1, E, a successor representative director, on November 20, 2007.