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1. Defendant C and Defendant B jointly share KRW 89,500,000 on the Plaintiff and the Plaintiff’s share.
Reasons
1. Basic facts
A. The Plaintiff is a farmer cultivating capital, and Defendant B is the representative director of Defendant D Co., Ltd. (hereinafter “Defendant D”), and Defendant C is the employee of Defendant D.
B. From October 12, 2014 to November 8, 2014, the Plaintiff supplied Defendant D with reduction of capital equivalent to KRW 154,842,000,070.
C. Defendant D did not pay KRW 110,084,600 out of the above capital reduction amount.
Defendant D set up a note of payment on December 24, 2014 and agreed to pay KRW 100,000,000, out of the amount of unpaid capital reduction until March 30, 2015.
In the above letter of payment, Defendant B guaranteed the obligation to pay the above agreed amount, and Defendant C guaranteed the obligation to pay the said agreed amount “to the extent of shares held by Defendant C on December 24, 2014.”
(hereinafter referred to as the “instant letter of payment”) written in which the Defendants’ obligation is indicated, E.
Defendant C had 10% of the shares issued by Defendant D as of December 24, 2014.
F. On March 31, 2015, the Plaintiff received KRW 10,500,000 from Defendant D.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. The assertion and judgment
A. On December 24, 2014, Defendant D agreed to pay KRW 100,00,000 to the Plaintiff by March 30, 2015. Defendant C guaranteed the above contract deposit obligation, and Defendant C guaranteed the above contract deposit obligation within the limit of 10% of the shares of Defendant D having the above contract deposit obligation. Defendant D paid KRW 10,50,000 on March 31, 2015. Accordingly, Defendant D and Defendant B are liable to pay KRW 89,50,000 ( = 100,000,000 - 10,50,000 - 10,500,000 - 10,500,000 - 10,000,000 and 10,000,000 as otherwise alleged by Defendant D and each of Defendant C and each of Defendant C’s damages for delay x 20% of the Plaintiff’s damages for delay.