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The defendants are jointly and severally liable to the plaintiff 50,000,000 won and 12% per annum from April 11, 2020 to the date of complete payment.
Reasons
1. Basic facts
A. When requesting the management consulting of the company operated by the Plaintiff to Defendant B, the Plaintiff purchased 50,000 common shares of E Co., Ltd. (100 won per share; hereinafter “instant shares”) held by D on February 7, 2018 at the request of the Defendants, and paid KRW 50,000,000 to D following day.
B. Meanwhile, the Defendants concluded an agreement with the Plaintiff regarding the purchase of the Plaintiff’s shares as stated in the Plaintiff’s Paragraph A, and accordingly, concluded a self-guarantee agreement and delivered it to the Plaintiff on February 3, 2018.
The plaintiff of the Guarantee Contract shall be "A", and the defendants shall be "B", and "A" and "B" shall enter into a guarantee agreement with the following terms:
Article 1 [Guarantee Details] After the lapse of 2 years from the date of the sales contract of Party A for 50,000 shares held by Party A, it is agreed that Party A will take over the amount of 50,00 shares of Party E held by Party A at the request of Party A.
Article 2 [Obligation of Party B] Upon request of Party A, Party B must take over 50,00 shares E owned by Party B, and the priority order of Party B is Defendant B and Defendant C shall take over the following order at the time when Party B becomes aware of the ability to take over.
(c)
On March 2020, the Plaintiff requested the Defendants to accept the instant shares and pay KRW 50,000,000,000 after the lapse of two years. However, the Defendants are difficult to acquire shares due to the difficult management of the company.
At the same time, the performance was avoided, and the lawsuit of this case was filed.
【Unsatisfyal grounds for recognition】 Insatisfy, Gap evidence Nos. 1, 2, 3, Gap evidence No. 4-1, 2, Gap evidence No. 5-1 and 5-2, the purport of the whole pleadings
2. Determination as to the claim
A. According to the facts established prior to the existence of the duty to return the agreed amount of share purchase, the duty to return the agreed amount of share purchase was from February 7, 2018, which was the date of share purchase.