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1. Defendant D’s KRW 100 million to Plaintiff A Co., Ltd. and 6% per annum from October 8, 2013 to February 10, 2017.
Reasons
1. Judgment on the claim for share purchase price (Plaintiff A, B)
A. According to the overall purport of evidence evidence Nos. 9 and 10 of the facts of recognition, the Plaintiff Company A (hereinafter “Plaintiff”) decided to sell 89,000 shares issued by G Co., Ltd. (hereinafter “G”) to Defendant D on August 7, 2013 to KRW 22,50,000 ( KRW 500 per share) for the transfer price of KRW 22,50,000 ( KRW 2,500 per share). The contract is immediately paid the down payment of KRW 122,50,000,000 as the down payment, and the balance of KRW 100,00,000 on October 7, 2013; ② the Plaintiff Company B decided to sell KRW 1230,000 per share to Defendant F on August 12, 2013; and ③ the remainder of the down payment of KRW 120,300,000 per share to Defendant D immediately.
B. According to the above facts of recognition, Defendant D is obligated to pay the remainder of KRW 100 million to the Plaintiff by October 7, 2013 pursuant to the share purchase and sale agreement of August 7, 2013, and Defendant F is obligated to pay the remainder of KRW 80 million by October 12, 2013 pursuant to the share purchase and sale agreement of August 12, 2013.
Therefore, Defendant D is obligated to pay to Plaintiff A the balance of KRW 100 million of stock transfer price and the amount equivalent to 6% per annum from October 8, 2013 to February 10, 2017, which is the delivery date of a copy of a complaint, and to pay damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Defendant F is obligated to pay to Plaintiff B the balance of stock transfer price of KRW 80 million and the amount equivalent to 6% per annum as stipulated by the Commercial Act from October 13, 2013 to the delivery date of a copy of a complaint from March 3, 2017, and damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
C. The summary of the 1st argument regarding Defendant D’s assertion is that the share sales contract between Plaintiff A and Defendant D is that of Plaintiff B.