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1. The Defendant shall pay to the Plaintiff KRW 500,000,000 and the interest rate of KRW 20% per annum from August 27, 2015 to the date of full payment.
Reasons
1. Facts of recognition;
A. On June 17, 2010, the Plaintiff entered into a contract on the establishment and acceptance of shares with the Defendant, Nonparty 1, and the newly incorporated company (hereinafter “establishment contract”).
The above contract contains 20% of the shares issued by the newly incorporated company owned by the Defendant within 30 days after the establishment of the newly incorporated company and 31% of the shares issued by the newly incorporated company owned by the Defendant at the time of the lapse of 2 years thereafter.
B. The shares issued by the newly incorporated company held by the Defendant at the time of the contract for the establishment of a company was 18,911 shares, and the Plaintiff paid 383,327,000 won to the Defendant under the above contract on July 29, 2010, and acquired 20% of the shares of the newly incorporated company held by the Defendant.
C. On September 27, 2012, the Plaintiff entered into a contract with the Defendant to establish a pledge (hereinafter “the first contract”) on the outstanding shares of the newly incorporated company that the Defendant owned (the face value of KRW 5,000, the total face value of KRW 29,60,000) with the interest rate of KRW 500,000 annually, and the due date of payment on August 26, 2015.
The plaintiff paid the above KRW 500 million to the defendant on the same day under the above contract.
As a result of the procedures for reporting the combination of enterprises in accordance with the Monopoly Regulation and Fair Trade Act, the Plaintiff entered into a contract with the Defendant on January 7, 2013, under which the Plaintiff is obliged to establish a pledge (hereinafter referred to as “the second contract”) on the non-issued shares of the newly incorporated company (the face value of KRW 5,000, the total face value of KRW 3,5150,000) by designating and lending KRW 594,156,850 per annum as the purchase price of shares and KRW 20% per annum on January 17, 2014.
E. The second contract is 5.5.00 shares issued by the new company owned by the defendant.