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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest thereon from December 16, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On September 5, 2013, the Plaintiff was sentenced to the Seoul Central District Court Decision 2012Gahap107780 in the case of Nonparty G, the president of the F Group having the Plaintiff as an affiliate, and Nonparty H, the former representative director of the Plaintiff, etc., and embezzled the Plaintiff’s corporate fund by collusion. On September 5, 2013, the Plaintiff was sentenced to the Seoul Central District Court Decision 2012Gahap10780 (former), stating that “The above G and H shall pay each Plaintiff KRW 4 billion and delay damages therefor,” and the above decision was finalized on September 27, 2013 for the above G, and on September 28, 2013 for the above H, respectively, and the said G is currently insolvent.
B. On the other hand, around November 28, 201, Defendant C lent a total of KRW 550 million to the Plaintiff (the representative director of the Plaintiff at that time) to the Plaintiff, and received from the Plaintiff the deposit of KRW 550,000,000 from the Plaintiff as collateral in the manner of keeping the passbook and seal impression of the said account.
C. Accordingly, Defendant C is the Plaintiff’s status on April 4, 2012.
The sum totaling KRW 5,586,487,263 (i.e., KRW 3,471,952,452) was withdrawn as a check. D. The sum totaling KRW 2,114,534,811.
Around April 5, 2012, Defendant D (hereinafter “Defendant D”) entered into a monetary loan agreement with the said G, stating that the said G shall have all rights to dispose of the shares of this case as collateral, and that the Plaintiff (the representative director of the Plaintiff at that time) shall hold a board of directors on the same day and shall grant a loan by 2% per month of the interest rate of July 4, 2012. The Defendant Company shall be provided with 26,034 shares issued by J Co., Ltd. and 17,000 shares issued by K Co., Ltd. (hereinafter “each shares of this case”) as collateral, and if the benefit of the said G would be lost, the Defendant Company shall have all rights to dispose of each shares of this case as collateral. The Plaintiff (the Plaintiff’s representative director at that time) shall hold a board of directors on the same day and approve the offering of each of the shares of this case to each of the Defendant Company, and shall have passed a resolution against the Defendant Company.