beta
Text
1. Defendant E shall pay Plaintiff A KRW 220,00,000 and a rate of KRW 15% per annum from June 26, 2018 to the date of full payment.
Reasons
Facts of recognition
On August 22, 2013, Plaintiff A (former name H) entered into a contract with Defendant E to purchase KRW 220 million in total of the 11 T/E 11 unit for cargo transport from Plaintiff A (hereinafter “instant 11 unit”).
However, since the 11st Ereler of this case is operated by Defendant D’s trucking transport business permission right operated by the Plaintiff A, the contract was prepared by acquiring Defendant D, Defendant E, who is a corporation, (including stocks).
At the time of the conclusion of the instant sales contract on the changes in Defendant D’s shares, Plaintiff A and B held 4,000 shares each among the 10,000 shares issued by Defendant D’s total outstanding shares, and Plaintiff C held 2,00 shares each.
The total amount of 10,000 shares of the plaintiffs were transferred to the defendant F after the purchase and sale contract of this case to 2,000 shares and 8,000 shares were transferred to I.
After November 27, 2014, Defendant F’s shares 2,000 shares were entirely transferred to Defendant J on November 27, 2014, and 8,000 shares of I were transferred to K and L respectively on the same day.
In addition, K’s 4,00 shares were transferred to J in 2016 to 3,00 shares, and 1,000 shares were transferred to L, respectively, and J and L own 5,00 shares each at the time of the instant suit as shown in the separate sheet 1.
Meanwhile, Defendant D increased 50,00 shares on May 16, 2018, which was the date of the instant lawsuit, and issued shares became 60,000 shares. At present, J and K held 18,00 shares, and M 24,00 shares, respectively.
The N Co., Ltd. (hereinafter “N”) filed a lawsuit against Defendant D to the effect that it would change the right to permit trucking transport business and O vehicles owned by Defendant D in the name of N on the ground that it entered into an exchange contract with Defendant D with Cheongju District Court 201Kahap7380, but the said court is impossible to exchange the right to permit trucking transport business held by N and Defendant D on October 10, 2012.