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1. Defendant B’s KRW 199,99,166 for the Plaintiff and 5% per annum from August 16, 2007 to January 26, 2016.
Reasons
1. Basic facts
A. The Plaintiff’s investment, etc. in the business start-up company (the trade name was D at the time of its establishment, and each of the trade names was changed in order to H as of March 17, 2013). The Defendants were the joint representative director of the Plaintiff from December 26, 2005 to December 4, 2007, and from December 4, 2007 to August 6, 2008; Defendant C was the representative director of each Plaintiff’s respective Plaintiff from February 25, 2009.
B. On August 14, 2007, the Plaintiff entered into a contract with I (hereinafter “I”) to acquire KRW 1,00,000,000 of the nonguaranteed convertible bonds of I, and on August 16, 2007, the Plaintiff paid KRW 17,396 of the new shares of I, a total of KRW 57,484, a total of KRW 99,99,91,664, respectively, and paid KRW 1,00,000,000 for the subscription price of convertible bonds of August 10, 207, and KRW 99,91,664 on August 16, 2007 to I.
(hereinafter referred to as “instant contract” together with each of the above contracts (hereinafter referred to as “each of the above contracts”). 【No dispute exists, Gap evidence 1(= Evidence 4). Gap evidence 2, Gap evidence 7 through 14, and the purport of the whole pleadings.
2. The Defendants asserted that the Plaintiff violated the Plaintiff’s occupational duty as representative director when the Plaintiff knew or could have known that I was a company with no investment value at the time of the instant contract, thereby causing the Plaintiff to enter into the instant contract and invest funds in I, and not taking any measures to recover the investment amount, thereby causing damage to the Plaintiff equivalent to the investment amount.
Therefore, the Defendants are jointly and severally liable to compensate the Plaintiff for damages equivalent to KRW 1,99,91,664 that the Plaintiff failed to recover, and the Plaintiff seeks payment of KRW 500,000,000 to the Defendants as a partial claim.
3. Determination as to the claim against the defendant B
(a) Evidence Nos. 4-1, 2, 15, 17, 20, 23, and 24 of the damages liability incurred, and evidence Nos. 3, 5, 15, 17, 20, 23, and 24 of the damages liability incurred.