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1. A notarized deed No. 287 of 2012, in which the defendant's joint law office against the plaintiff was prepared by the defendant.
Reasons
1. Basic facts
A. The Plaintiff Company is a corporation established in around 1994 and registered as a KOSDAQ-listed corporation for the purpose of portable singing machines and related music production and sales business. Nonparty C is the former representative director of the Plaintiff Company (which was appointed on August 31, 201 and resigned on June 15, 201, retired on August 14, 2012, retired on December 20, 201), and Nonparty D acquired the Plaintiff Company’s shares through a stock acquisition agreement on August 31, 201, and was the largest shareholder of the Plaintiff Company in the form of acquiring them.
B. Around May 2012, C, the representative director of the Plaintiff, requested the Defendant to sell the Plaintiff Company’s stocks held by the Defendant and his branch (E, F, and G) to D, and the Defendant, on May 3, 2012, sold 20,412 shares in total of the Plaintiff Company’s stocks held by the Defendant and his branch members to D in KRW 41,536,95, and D agreed to pay the said share purchase price to the Defendant by June 4, 2012. The Plaintiff Company jointly and severally guaranteed the Defendant’s obligation to pay the said share purchase price.
C. When D et al. was unable to pay the aforementioned share purchase price by June 4, 2012, C et al., on behalf of D and the Plaintiff Company, C, which was the representative director of the Plaintiff, set KRW 50,000,000, as a notary public’s tendency on behalf of D and the Plaintiff Company, on June 5, 2012, set and lent to D as of June 8, 2012, the Defendant paid for KRW 50,00,000 to D, and the Plaintiff Company drafted a money loan loan agreement notarial deeds (hereinafter “instant authentic deed”) with the content of joint and several sureties (hereinafter “instant joint and several sureties”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 4, Gap evidence 7-13, Eul evidence 1-1 to 4, Eul evidence 2 and 3, and the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The main point of the Plaintiff’s assertion is that the joint and several sureties of this case is null and void as an act other than the purpose of a corporation that is not stipulated in the articles of incorporation of the Plaintiff company, or that C, the representative director of the Plaintiff, abused