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1. Of the judgment of the court of first instance, the part of the claim against the plaintiff B against the defendant is modified as follows:
The defendant is the plaintiff.
Reasons
1. Basic facts
A. Status 1) Joint Defendant E Co., Ltd. in the first instance trial (hereinafter “instant company”).
(2) As of December 2010, Plaintiff A, a representative director of the instant company, owned 25,500 shares (85%) out of the issued shares of the instant company as an auditor of the instant company, and Plaintiff B and its father owned 2,250 shares (7.5%) respectively.
B. Article 7 (Duty of Transferor) (1) No transferor shall allow the company of this case to perform any of the following acts without the prior consent of the transferee from the date of payment of the purchase price.
11) No business opening or new business of the same industry shall be allowed for the next five years. (3) In the case of compensating for damages for additional discovered liabilities, the transferee shall immediately notify the assignee thereof, and the transferor shall compensate for the damages within 30 days from the date of receipt of the notification. (1) If the transferee finds additional additional liabilities (limited to those not presented through the current account book or data) not found in the final financial statement on the latest base provided by the transferor within one year from the date of acquisition of the management right, or the transferor additionally becomes final and conclusive due to contingent liabilities not presented by the transferor due to any act that was not related to the daily business activities of the company prior to the acquisition of the management right, or intentionally or by gross negligence that was not related to the business activities of the company prior to the conclusion of the above contract, and all taxes and public charges are additionally collected in the company prior to the acquisition of the management right, the Plaintiffs and the Defendant agreed on the acquisition of the management right of the company of this case, and the Plaintiff and the Defendant agreed on May 19, 2011.