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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 410,273,972 and KRW 400,000 among them, from September 13, 2016.
Reasons
1. Basic facts
A. On February 4, 2016, Defendant B Co., Ltd. (hereinafter “Defendant B”) concluded with D, the Plaintiff’s husband, to pay the agreed amount of KRW 400 million (hereinafter “instant agreed amount”) between D, the Plaintiff’s husband, as follows, “this case’s agreement” refers to “this case’s agreement” and “No. 2 of the said agreement” written at the time of the said agreement.
Defendant C et al., and Defendant C et al. are only Defendant C et al.
The Defendant B jointly and severally guaranteed all the obligations owed by the Plaintiff pursuant to the instant agreement.
- With respect to the principal invested by Defendant B, Defendant B shall agree to repay and compensate the principal as follows and shall enter into this Agreement:
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A. Defendant B’s liability (1) to reimburse the principal and interest expenses invested by D before June 30, 2016 as the principal and interest expenses of the instant contract amount to be KRW 400 million. If the repayment is not made by the relevant date, the amount calculated by the rate of 25% per annum shall be additionally paid.
(2) B B shall pay 3.5 million won as business income to D from February 25, 2016 until the repayment of KRW 400 million prescribed in paragraph (1) is made.
③ During the period in which Defendant B was engaged for Defendant B, Defendant B shall pay the benefits of KRW 11 million in arrears as business income to D before February 5, 2016.
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B. D’s responsibility (1) By February 5, 2016, D should have to work for Defendant B and must return the vehicles and corporate cards provided by Defendant B before February 5, 2016.
2. If the defendant B bears his responsibility, no shareholder who is related to the defendant B or the defendant B may claim any ownership of the amount of investment or shares D.
B. D On November 14, 2016, the Plaintiff and the Defendants calculated the instant agreement amounting to KRW 400 million and 25% per annum from July 7, 2016 to the date of full payment.