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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 50 million and 20% per annum from August 14, 2012 to the date of full payment.
Reasons
1. Facts of recognition;
A. The plaintiff is the small and medium enterprise establishment investment association.
Defendant A Co., Ltd. (hereinafter referred to as the “Defendant Company”) is a company established for the purpose of food service, restaurant rental business, distribution related thereto, management consulting business, etc.
The defendant B is the mother of the representative director C (the respective representative director together with D) of the defendant corporation.
[Article 1] Issuance and Subscription of New Shares (1) The Defendant Company shall issue the following preferential shares pursuant to this Agreement, and the Plaintiff shall subscribe to them:
(b)
8. The total number of preferential stocks to be allocated to the Plaintiff: 171,810 shares, the total amount to be paid by the Plaintiff: 500 million won (Article 6) transaction is completed (1) the Plaintiff shall deposit the total amount of subscription price into a separate account at the branch of the bank designated by the Defendant Company on August 14, 2012 or on the date on which the parties otherwise agree, subject to the fulfillment of the prior conditions prescribed in
When the total amount of the acquisition price has been paid to the above separate account, it shall be deemed that the transaction has been concluded, and this date shall be referred to in this contract as the "date of the completion of the transaction."
[Article 11] Matters concerning the right to redemption (Article 11): 6. The shareholders of this case may demand the company to redeem all or part of this case's preferential stocks separately from the terms and conditions of redemption stipulated in paragraph (2) in the event that any of the following causes occurs:
(3) The provisions of paragraphs (3) through (5) shall apply mutatis mutandis.
1. Where important assets are used or leaked for any purpose other than business purposes, regardless of the pretext, such as the lump-sum payment of subscription money, after the date of completion of transactions;
5. Other cases where it becomes impossible to promote the normal business of the company (Article 13). ① The Defendant Company shall use the funds received from the Plaintiff under this contract as indicated in the annexed use of the investment funds, and the Plaintiff shall conduct an inspection of the details of the use of the investment funds at any time after this contract is concluded through an accounting firm designated by the Plaintiff.