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1. The Defendants jointly and severally committed against the Plaintiff KRW 75,00,000 and Defendant A Co., Ltd. from July 15, 2014.
Reasons
1. Basic facts
A. The Plaintiff is a corporation established for the purpose of facility security business, etc., and Defendant A corporation (hereinafter “Defendant Company”) is a corporation established for the purpose of temporary placement of workers and security service business, and Defendant B is the representative director of the Defendant Company.
B. D, the acting representative director C of the Plaintiff, had a loan claim against the Plaintiff. On June 24, 2010, the Ulsan District Court 2010Tari7703, rendered the Plaintiff and the third obligor as the Defendant and received a collection order for the security fee claim against the Defendant Company.
C. On July 22, 2010, D filed a lawsuit against the Defendant Company as the Ulsan District Court 2010Da24847, Ulsan District Court 2010da24847. On October 16, 2012, the said appellate trial (the collection amount, No. 2012Na1894, supra) constituted conciliation between D and the Defendant Company by making the Intervenor as the Plaintiff and the Defendant B (hereinafter “instant conciliation”).
The main contents of the above mediation are as follows:
Protocol of Mediation.
1.(a)
Defendant B, jointly and severally, shall pay KRW 66,00,000 to D, but among which KRW 33,00,000 shall be paid until November 30, 2012, KRW 16,500,000 until December 31, 2012, and the remainder of KRW 16,50,000 until December 31, 2012, respectively, shall be paid until January 31, 2013.
B. The Defendant Company shall transfer to the Plaintiff on October 31, 2012 the overall business and management authority of 157 customers remaining without termination among customers on the details of revenues from the attached security fees (including customer name, address records, contact information) and shall cooperate to the maximum extent possible in the transfer business.
2. If the obligation under Paragraph 1-A and Paragraph 1-B is not fulfilled, the agreement under Paragraph 1-A shall be null and void. The defendant company shall pay to D 125,00,000 won and the amount calculated by the ratio of 20% per annum from the day following the date of the breach of such obligation to the day of complete payment. The defendant B shall be jointly and severally liable within the extent of KRW 66,00,000 among the above KRW 125,00,000.