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(영문) 수원지방법원안산지원 2020.07.09 2019가합10436
손해배상(기)
Text

The Defendant’s KRW 527,046,254 and KRW 301,004,883 out of the said money to the Plaintiff shall be from September 22, 2017 to December 14, 2017.

Reasons

1. Facts of recognition;

A. The Plaintiff as a representative director of C (hereinafter “C”) and the Defendant served as a director of the above company, respectively. On May 23, 2016, the Plaintiff resigned from the representative director by the resolution of the board of directors, and the Defendant was elected as the representative director.

B. The written agreement was prepared on May 23, 2016 between the Plaintiff and the Defendant on May 23, 2016, as well as the process of the relevant case 1) and the written agreement was prepared on May 23, 2016 between the Plaintiff and the Defendant. In the written agreement, the Plaintiff and the Defendant have exceeded part of the management and shares in the Plaintiff’s ownership. The Plaintiff and the Defendant shall succeed to all the obligations assumed by the Plaintiff at the time of operation C (Game Credit Guarantee Foundation and the Credit Guarantee Fund outside Korea) (the Gyeonggi Credit Guarantee Foundation and the Credit Guarantee Fund). On February 2-1, 201, the Defendant shall replace all the parts of the two claims

(3) In the future, the Defendant did not take any civil or criminal measure against the Plaintiff on the grounds of paragraphs 1, 2, and 2-1 of the said Agreement. On May 23, 2016, the Defendant did not change the Defendant’s joint and several liability obligations, etc. that the Plaintiff assumed to the Korea Credit Guarantee Fund, the Gyeonggi Credit Guarantee Foundation, etc. as the representative director, or did not take measures such as bearing the Defendant’s exempted obligation in relation to the Gyeonggi Credit Guarantee Fund, etc.

3) On May 3, 2018, the Plaintiff received a lawsuit from the Korea Credit Guarantee Fund for the claim of indemnity related to the obligation owed by C to the Korea Credit Guarantee Fund, and on May 3, 2018, the Plaintiff was sentenced to the judgment that “the Plaintiff shall pay to the Korea Credit Guarantee Fund the amount of KRW 301,005,282, and KRW 301,004,883, the amount of KRW 10% per annum from September 22, 2017 to December 14, 2017, and the amount of 15% per annum from the following day to the date of full payment (U.S. District Court Ansan Branch Branch Decision 2018Ga52368). The said judgment became final and conclusive on May 25, 2018, the Plaintiff was also subject to the same claim of indemnity from the Gyeonggi Credit Guarantee Foundation, and the Plaintiff was also subject to the same claim of indemnity from the Gyeonggi Credit Guarantee Foundation.

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