정산금등 청구
1. Defendant C shall pay Plaintiff A KRW 99,750,000.
2. Defendant D Co., Ltd. is the Plaintiff Co., Ltd. 46,269.
1. Basic facts
A. Plaintiff A (hereinafter “Plaintiff”) is a shareholder and auditor of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and is operating the Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) established and operated for the main purpose of manufacturing, distributing, etc., the individual business entity called “E” (hereinafter “E”) and the medical device after retirement on July 31, 2012.
B. Defendant C (hereinafter “Defendant”) is a founder and a representative director of the Defendant Company. The Defendant Company is a company established on March 24, 2008 for the purpose of importing and selling medical devices, manufacturing medical devices, etc.
C. At the time of the Defendant’s incorporation, the Plaintiff invested KRW 84,00,000, equivalent to 40% of the Defendant Company’s capital, and KRW 126,000,000, equivalent to 60% of the Defendant Company’s capital, respectively. The Plaintiff and the Defendant decided to liquidate the relationship with the Plaintiff Company around March 2012.
The Plaintiff and the Defendant assessed the value of the shares held by the Plaintiff at the time to KRW 183,795,218,218 (=459,48,046 x 40%) on March 23, 2012, and decided to pay KRW 183,795,218 to the Plaintiff and acquire shares owned by the Plaintiff. The Defendant agreed to pay KRW 100,000 (9,795,218) out of the said money in installments within two years, and pay KRW 84,00,000 from the said money in a lump sum after two years, and pay KRW 630,00 as interest interest interest for each month from December 2, 2012 to the date of full payment. The Plaintiff agreed to pay KRW 84,00,000 from the said money to the Plaintiff’s share transfer to the Plaintiff and agreed to pay KRW 160,000 to the Plaintiff.
(hereinafter referred to as “instant agreement”). (e)
The main business of Defendant Company was to supply medical devices to customers, who are general hospitals, at the time of the instant agreement.