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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Facts of recognition;
A. By April 24, 2014, E is a person who was a representative of Defendant B Co., Ltd. (hereinafter “Defendant Company”), and D is a person who actually operated the Defendant Company as the husband of E.
B. From May 2009, Defendant Company and D borrowed 100 million won in total from D through D’s punishment G, and used the above money as Defendant Company’s operating capital, and repaid the Plaintiff a part of the above borrowed money by cash or account transfer over several occasions (hereinafter “the instant borrowed money”).
C. On November 1, 2013, E sold to Defendant C the 1,400 shares out of the 2,000 shares of the Defendant Company, and on April 1, 2014, to Defendant C’s wife, 600 shares of the Defendant Company, and then resigned from the inside director of the Defendant Company on April 24, 2014, and F was appointed as the inside director of the Defendant Company on April 24, 2014.
On the other hand, on January 15, 2014, the Defendant Company: (a) drafted an agreement (Evidence 2; hereinafter “instant agreement”; (b) stating that “the Defendant Company shall pay the Plaintiff the outstanding principal KRW 70 million in installments from February 20, 2014 to February 20, 2014; (c) the full repayment shall be made from May 20, 2015 to May 20, and the balance shall be paid monthly interest at the rate of 2% per month.” (hereinafter “instant agreement”); and (d) agreed that the Defendant C shall pay the said amount together with the Defendant Company.
E. From February 11, 2014 to January 29, 2015, Defendant Company repaid part of the instant agreed amount to the Plaintiff, as indicated in attached Forms 6 through 21, as the repayment details Nos. 6 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 2, 7, 8, Eul evidence 1, 2, and 4 (including each number; hereinafter the same shall apply)
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendants are the defendants.