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The Defendants jointly and severally liable to the Plaintiff for KRW 660,00,000 and KRW 600,000 among them, from October 21, 2013 to October 2016.
Reasons
Basic Facts
The plaintiff is a company established on October 24, 2012 with the main purpose of investment advisory services, consulting services for domestic and foreign capital markets and companies, and financial investment services.
Defendant C has held the position of the president of the former vice president and the information and communication-general representative director, and Defendant C is the children of Defendant C.
The Plaintiff’s representative director E, as a certified public accountant, was aware of the fact that he provided the Defendant B with advice on the acquisition of the company from 201 to her. On February 2013, 2013, when the Defendants became aware that he had an interest in acquiring the management right of the company listed in the stock disclosure market, he recommended Defendant B as a company subject to acquisition of the F (hereinafter “F”).
In accordance with the Plaintiff’s proposal, the Defendants were willing to accept F, and on April 15, 2013, Defendant B drafted a letter of undertaking with the Plaintiff as follows (hereinafter “instant letter of undertaking”).
A person designated by Defendant B and Defendant B (hereinafter referred to as “A”) refers to the following commitments with respect to F’s acquisition of shares and management rights.
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1. A shall designate the Plaintiff as an exclusive advisory company for the purpose of the contract progress, and A shall cooperate to the maximum extent possible for the smooth progress of the contract.
2. Within 10 business days after completion of the F’s acquisition of management rights, A shall pay the Plaintiff 2% of the acquisition amount (excluding value-added tax) with the fee for providing advisory services in cash.
From June 2013, the Defendants concluded a memorandum of understanding with G and H (hereinafter “G, etc.”) which are a major shareholder of F to acquire F’s shares and management rights.
The Defendants established the I Co., Ltd. (hereinafter “I”) on August 7, 2013, and I recruited investors with J Co., Ltd. (hereinafter “J”) and “K below the total amount of 43 billion won (hereinafter “K”) on August 21, 2013.”