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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The pertinent Plaintiff of the parties was the representative director of the E Co., Ltd. (hereinafter “E”), the telegraph of Defendant B Co., Ltd. (hereinafter “B”), and Defendant C and Defendant D are the mother and child.
B. On December 4, 2012, the Plaintiff agreed to transfer all E’s business rights to Defendant C at KRW 200,000,000. On December 4, 2012, the Plaintiff agreed to pay KRW 10,000,000 out of the total acquisition amount (20,000,000) at the bottom of the agreement.
C. On December 26, 2012, the Plaintiff agreed on December 26, 2012, transferred all of the E’s business rights to Defendant C and Defendant D in KRW 190,000,000 (hereinafter “instant transfer agreement”), and the main contents are as follows.
The transfer and takeover agreement of business rights shall be made.
1. The plaintiff (F prior to the plaintiff's name) will transfer E in KRW 190,00,000 to defendant C and defendant D.
2. Defendant C and Defendant D paid each of the Plaintiff the down payment of KRW 20,000,000 on December 4, 2012, and KRW 70,000 on December 26, 2012, and the intermediate payment of KRW 40,000,000 out of the remainder by December 31, 2012, and the remainder shall be paid KRW 40,000,000 out of the remainder by December 31, 2012, and the remainder shall be settled and paid later.
3. As to E, 14,100 shares of the Plaintiff to Defendant C, and 6,900 shares of 9,000 shares of directors G of inside directors and auditors of E, respectively, shall be transferred to Defendant D.
4. The Plaintiff, G, and H shall immediately resign from the office of representative director, in-house director, and auditor on December 26, 2012.
5. The Plaintiff shall transfer his duties to Defendant C and Defendant D, and shall submit all documents of E, which are kept in the account office immediately, and shall maintain all assets of E. D.
On December 26, 2012, the Plaintiff prepared and delivered each of the following descriptions to Defendant C and Defendant D, and G and H jointly and severally guaranteed:
Each letter of commitment
1. The Plaintiff, G, and H shall transfer to Defendant C and Defendant D part of gold in KRW 190,000,000, and shall be transferred to E before the acquisition.