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1. The Defendant is jointly and severally with the Plaintiff KRW 93,270,000 and the interest rate of KRW 15% per annum from June 24, 2015 to the date of full payment.
Reasons
1. Basic facts
A. On January 30, 2015, the Defendant entered into a contract for the transfer and acquisition of corporate assets including the content of transferring the Defendant’s entire shares to C between the company operating stone and aggregate sales business, and the Defendant’s actual owner B between January 30, 2015
(hereinafter “this case’s acquisition of management right”). (b)
B retired from the Defendant’s representative director on February 9, 2013, and D was appointed as the Defendant’s representative director after February 10, 2013, and resigned on January 29, 2015, which was immediately before the conclusion of the instant acquisition contract.
C. Around March 2011, the Plaintiff, who runs the wholesale and retail business of landscaping stone, entered into a commodity supply contract with the Defendant to supply raw materials necessary for building stones processing (hereinafter “instant contract”) with the Defendant (hereinafter “E”), and has continued the transaction of building stones supply from around that time to August 2014.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 6, Eul evidence 1 to 3 (including paper numbers), witness F's testimony, the purport of the whole pleadings
2. Determination as to the cause of action
A. On June 15, 2013, the Defendant drafted the original supply contract, including the details of KRW 90,000,000, including the Plaintiff and the amount of KRW 42,926,000 carried-over deposit in the previous year, as a deposit for tin transactions (the Plaintiff wired KRW 52,486,00 to the Defendant on June 15, 2013).
(2) On June 15, 2013, the Defendant: (a) determined the amount of additional remittance of KRW 90,000,000,000 for KRW 70,000 for KRW 70,378,200 for KRW 10,000 for KRW 9,621,000 for KRW 34,680,00 for KRW 44,301,300 for KRW 44,301,00 for KRW 40,00 for KRW 40,049,848 for KRW 84,350,848 for KRW 6,280,00 for KRW 78,070,00 for KRW 79,79,000 for value-added tax, KRW 731,2781,848 for KRW 18,18,200 for KRW 200 for KRW 9,300 for KRW 1,200 for KRW 2000 for KRW
(Article 6) contain any content.