약정금
1. The Defendant (Counterclaim Defendant) Plaintiff (Counterclaim Defendant) amounting to KRW 38,307,60, and KRW 25,538,400 to Plaintiff (Counterclaim Defendant) B and the amount equivalent to KRW 25,538,40.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On August 20, 2014, the Plaintiffs (Plaintiff A6,000, Plaintiff B4,000 shares) who were shareholders of D (hereinafter “D,” and total number 10,000 shares issued) concluded an underwriting contract (hereinafter “instant underwriting contract”) with the same content as the attached Form, with intent to transfer D shares to the Defendant, the representative of the above company, as the Defendant.
B. Article 1 of the instant underwriting agreement
Of the inventory assets under subsection (1) of this case, the amount of PEK, the amount of which was not paid at the time of the instant underwriting contract, was settled at KRW 7,000,000, and was set at KRW 43,846,000 in total (= KRW 32,346,000 in total).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. Plaintiffs 1) Pursuant to Article 1-2(b) of the instant underwriting contract, the Defendant is obligated to pay the Plaintiffs KRW 80,000,000,000, and the Defendant paid KRW 60,000 on June 30, 2015, and KRW 30,000,000 on July 31, 2015, and thus, is obligated to pay the remainder of KRW 20,00,000,00.
Pursuant to paragraph (1), the defendant shall pay 43,846,00 won for inventory assets to the plaintiffs.
3) Therefore, the defendant is obligated to pay to the plaintiff A 38,307,60 won = ((20,000,000 won) = (43,846,00 won) x 6/10) x 25,538,400 won for the plaintiff B x 4/10 x 4/10 x delay damages. (b) Article 1-b of the Agreement on the Contract of this case
On September 30, 2014, the Defendant paid 100,224,500 won (i.e., interest of KRW 80,000,113,182 and value-added tax of KRW 9,111,318), including interest of KRW 11,113,182, and value-added tax of KRW 9,111,318, to the Plaintiffs (i.e., interest of KRW 80,00,113,182, value-added tax of KRW 9,111,318).
However, according to the instant underwriting contract with respect to interest, the Defendant’s payment date of KRW 50,00,000,000, out of the loan amount of KRW 80,000,00 to the Plaintiffs. < Amended by Presidential Decree No. 25505, Aug. 20, 2014>