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1. Defendant C’s KRW 48,400,00 and the Plaintiff’s annual rate of KRW 5% from March 9, 2018 to May 7, 2019.
Reasons
1. Basic facts
A. The Plaintiff supplied capital stock companies (hereinafter referred to as “foreign companies”) which are companies specializing in ducks with livestock products wholesale and retail, which supplied original fumiths, to March 9, 2018, and caused an attempted claim amounting to KRW 48,400,000 as of March 9, 2018.
B. On October 27, 2014, the non-party company was established to run the restaurant business as its head office of Gangseo-gu Seoul Metropolitan Government, and completed business registration on November 14, 2014, and around June 28, 2016, the representative director C, in-house directors D, and auditor E was appointed as executive officers, and the branch office was established in Busan M on September 28, 2016.
C. On March 2, 2018, Defendant D, E, and I, and the non-party company (hereinafter “instant business”) entered into a sales contract with Defendant D, E, and I, and the non-party company (hereinafter “Defendant D, etc.”) to transfer all shares of the non-party company to Defendant C as follows. Defendant D, E (hereinafter “Defendant D, etc.”) and I enter into a sales contract with the non-party company (hereinafter “the non-party company”) with respect to the “J” (hereinafter “instant store”) in which the company is operated, as follows:
1. The total purchase price for the instant store shall be KRW 188,700,000, and KRW 23 million among them shall be replaced with the leased money and the remainder of KRW 165,700,000 shall be paid as follows:
(2) The intermediate payment of KRW 70,000,000 shall be paid only one day before the day on which Party A is able to operate the instant store after receiving the instant store from Party B and Party A takes over from Party B.
(3) With respect to the remainder of KRW 65 million, the payment of the balance shall substitute for the payment of the balance when the settlement of claims and debts to the store of this case is completed after the settlement of accounts is completed.
3. After this contract, “B” can re-contract the existing lease agreement for the instant store by March 9, 2018.