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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 6,349,035,315 as well as KRW 4,320,585,245 as from May 27, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff is a corporation with the objective of corporate acquisition and mediation of merger, etc., and Defendant B Co., Ltd. (hereinafter “Defendant Company”).
(2) Defendant C is a juristic person with the purpose of providing educational services via the Internet, and Defendant C is an instructor who gives a lecture in the Korean language for high school students, etc.) D has served as the representative director from September 5, 1995 to March 31, 199, and has 100% of the Plaintiff’s shares, and (2) has served as the representative director of E Co., Ltd. (hereinafter “E”) from January 16, 1995 to March 28, 1999, and has 9.9% of E’s shares, and ③ has 33.62% shares as a major shareholder of Defendant Co., Ltd.
3) F, the birth of D, (i) served as the representative director of the Plaintiff from March 30, 2002 to November 26, 201, and (ii) served as the representative director of the Defendant Company from October 1, 2008 to September 16, 2010. (ii) The Plaintiff and E’s claim 1) from D’s account was transferred from December 15, 2009 to E’s account in which F was the representative director as of December 15, 2009; and (iii) transferred KRW 1.1 billion from around 10 million to the said account; and (iv) transferred KRW 1.1 billion from the said date to the Defendant Company’s account again.
As of January 4, 2010 between E and G (hereinafter “G”) (hereinafter “E”), E transfers to G the claims of KRW 1.08 billion against the Defendant Company of E to G, and the Defendant Company entered into a bond acquisition agreement with respect thereto.
2) The Plaintiff loaned funds to the Defendant Company from March 31, 2008. As of July 13, 2010, the loans that were unpaid as of July 13, 2010 were KRW 3.91 billion. The representative director of the Defendant Company, who was the representative director of the Defendant Company, was KRW 3.91 billion borrowed from the Plaintiff, KRW 1.15 billion from H, and Company I (hereinafter “I”).
(C) as if it borrowed KRW 2.70 million from the Defendant Company, it operated the accounting books of the Defendant Company. D and Defendant C’s management transfer contract 1) substantial as the largest shareholder of the Defendant Company.