매매대금
1. The part against Defendant C among the judgment of the first instance is revoked.
2. Defendant C’s KRW 68,000,000 and this shall apply to the Plaintiff.
1. Facts of recognition;
A. D Co., Ltd. (hereinafter “D”) was a juristic person operating a district cargo transport business, etc., and at the time of concluding the transfer contract below, the representative director was the 11,700 shares issued by Defendant B, and the 30,000 shares issued by Defendant B, the 14,700 shares issued by Defendant B, the 14,700 shares of the Plaintiff’s birth and the her mother, and the 3,600 share of the Plaintiff’s friendship F.
B. On January 17, 2017, the Plaintiff entered into a transfer contract between the Plaintiff and the Defendant C (hereinafter “D”) under the name of representative director B of D Co., Ltd. (hereinafter “D”), and the Plaintiff entered into a contract with Defendant C to transfer D, the number of which is KRW 21 million, to Defendant C (hereinafter “instant transfer contract”).
(2) At the time of the conclusion of the instant transfer contract, KRW 80 million of the transfer price, the intermediate payment of KRW 200 million on the date of the contract, and the intermediate payment of KRW 200 million on January 30, 2017 (the provisional attachment of D’s freight car on January 24, 2017 and the payment date was postponed on February 8, 2017) and the remainder of KRW 150 million shall be paid until February 17, 2017, respectively, and the Plaintiff intended to deliver to Defendant C a certificate of personal seal impression of D’s corporation, transfer of shares, resignation of directors, and employee retirement on the remaining date.
(3) On January 17, 2017, Defendant C paid the down payment by remitting the down payment of KRW 80 million to the account of Q (M’s friendship, the spouse of the Plaintiff) designated by the Plaintiff.
C. (1) After the conclusion of the instant transfer contract between the Defendants and E, Defendant C entered into an agreement with Defendant B to implement the instant transfer contract on February 2017 by deeming that the Plaintiff is not the management owner of D. On the other hand, Defendant B and E entered into a share transfer contract with the content that the Plaintiff would take over KRW 11,700 per share and KRW 14,700 per share (= = 132,00,000 per X = (11,700 shares)).
(2) On February 27, 2017, Defendant C bears one check to Defendant B at its face value of KRW 132 million.