약정금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. On the principal lawsuit of the Plaintiff (Counterclaim Defendant) added at the trial.
The Defendants asserted the Plaintiff’s primary claim as to the claim of this lawsuit agreed to pay KRW 250,00,000 to the Plaintiff in return for the Plaintiff’s assistance in the process of acquiring D’s management right. The Defendants drafted a share acquisition agreement (Evidence A2) to the effect that the Defendants transfer the shares of D owned by the Defendants as security.
Therefore, the defendants are jointly obligated to pay to the plaintiff the agreed amount of KRW 250,000,000 and delay damages.
Even if the claim for a preliminary claim is not accepted, the Defendants are obligated to deliver to the Plaintiff each of the 177,500 shares owned by Defendant B and 72,500 shares owned by Defendant C (hereinafter referred to as the “instant shares”) of the shares as stated in the said share transfer agreement, as stated in the said share transfer agreement.
Nevertheless, the Defendants did not comply with this.
Therefore, the Defendants are obligated to deliver the instant shares to the Plaintiff, and pay damages of KRW 241,250,000 due to the delay in the duty of delivery of the said shares, as well as damages for delay.
Judgment
The primary part of the claim: The testimony of the witness F, who seems to correspond to the above argument of the plaintiff, is difficult to believe that the testimony of the witness F is true.
According to the evidence evidence No. 2, the Plaintiff and the Defendants, on November 29, 2010, transferred 250,000 shares of protected securities (Defendant B B 177,500 shares, Defendant C 72,500 shares) owned by the Defendants to the Plaintiff, but the transfer price is KRW 250,00,000, and the transfer date is KRW 250,000, and the transfer date is November 29, 2010. The Defendants, without receiving the above transfer price separately from the Plaintiff on the same day, prepared a receipt to receive KRW 250,000,000.
However, the evidence No. 2 states that the Defendants transfer the shares of this case in order to secure the payment obligation of KRW 250,000,000.