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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 500,000,000 and 20% per annum from September 14, 2012 to the date of full payment.
Reasons
1. Facts of recognition;
A. Plaintiff E acceptance 1) Plaintiff (former trade name: F Co., Ltd., F, and hereinafter “Plaintiff,” regardless of whether it was before or after the change of trade name
) E Co., Ltd. (hereinafter “E”) aimed at the manufacturing of automobile parts, etc. (hereinafter “E”) is a trade name change to H after a trade name change to G.
In order to take over the management rights of listed companies, the Plaintiff, as a listed company, agreed to take over the management rights of E in the name of Defendant B and Defendant C, who is an executive officer of the Plaintiff’s restructuring, in order to avoid the legal obligation to bear when the Plaintiff acquires the management rights directly, and to avoid the resistance of shareholders, and to meet the conditions imposed by E after being given the improvement period from the Korea Exchange Listing Evaluation Committee of the Korea Exchange. (2) Defendant B and C agreed to take over the management rights of E (hereinafter “instant first agreement”).
The main contents are as follows:
[Purpose of the Agreement] The I prepares this Agreement for the purpose of transferring matters concerning E's overall management and management (management rights) to the defendant C and B, and the I's guarantor J guarantees the contents of the Agreement.
【Definition of Agreement】
1. E is a situation in which the listing improvement period is granted for five months, and both parties have a definition to live a company by fulfilling the matters concerning the maximum improvement.
2. No objection shall be raised except for contingent liabilities with respect to the financial status, legal issues, and other matters of E;
[I's Obligations]
1. I must allow Defendant B and C to appoint directors and auditors as designated by the said Defendants through a temporary master gun, and the amendment of the articles of incorporation required by I must be approved.
6. I shall transfer to Defendant B and C the exercise of substantial management rights (fund management and restructuring) from the date of the preparation of this Agreement.
[Duties of Defendant B and C]
1. The defendant B and C shall enter the claims of transfer and performance from I.