양도대금
1. The Defendant (Appointed Party) and the designated parties jointly share KRW 50,000,000 and their amount from November 26, 2018 to the Plaintiff.
1. On July 14, 2017, the Plaintiff, the Defendant (designated parties) and the designated parties (hereinafter referred to as “the Defendants”) entered into a joint investment agreement jointly with the Plaintiff and the Defendants’ respective 20% of the “D” restaurant in Kimpo-si C (hereinafter “instant restaurant”), and 20% of the shares entrusted to the management manager. The Plaintiff became 40% of the Plaintiff’s shares while in charge of the instant restaurant management.
On September 20, 2018, the Plaintiff and the Defendants agreed to transfer the Plaintiff’s shares to the Defendants (hereinafter “instant agreement”) with the following content:
The plaintiff
9.As of 30.30, the entire shares owned in D are transferred to the Defendants.
The transfer amount is KRW 275,00,000, and the plaintiff shall receive any balance after the completion of all the business and the transfer and takeover of the ownership in D.
PS. All expenses incurred before and after the transfer shall be succeeded by the transferee.
After the agreement of this case, the Plaintiff transferred the operation of the restaurant of this case to the Defendants, and received KRW 225,00,000 from the Defendants.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
2. Determination:
A. Unless there are special circumstances to determine the cause of the claim, according to the instant agreement, the Defendants are jointly obligated to pay jointly the remainder of KRW 50,000,000 to the Plaintiff and delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 26, 2018 to the date of full payment following the final delivery of the copy of the instant complaint sought by the Plaintiff.
B. The Defendants’ assertion as to the assertion by the Defendants may avoid the fact that the Plaintiff, who managed and operated the instant restaurant at the time of the instant agreement, did not pay for the goods, the construction cost (the closure of sewage treatment facilities and the construction cost), and the retirement allowance of employees.