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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual rate of KRW 15% from August 31, 2018 to May 31, 2019.
Reasons
1. Basic facts
A. The Plaintiff is a company whose business purpose is manufacturing information and communications equipment parts, etc., and the Defendant is the person who served as the representative director from February 10, 2012 to February 10, 2015.
B. On March 20, 2011, the Plaintiff acquired 1,269,841 shares of the said Company and 1,275,685 shares of the said Company from C (hereinafter “C”) and 1,275,685 shares around April 8, 201.
(Total 2,545,49 shares (hereinafter “instant shares”). The instant shares were exempted from the obligation to submit a registration statement on condition of giving and receiving deposits for one year during their issuance, and the said period of safekeeping was thereafter extended by November 25, 201 in the case of 1,269,841 shares issued on March 20, 201, until November 18, 2012; and 1,275,658 shares issued on April 8, 201, respectively.
C. On April 20, 2012, the Defendant, as the representative director of the Plaintiff, concluded a contract with D (hereinafter “D”) to transfer the right to claim the return of the instant shares at KRW 1.5 billion and notified C of the transfer, and the said notification reached April 20, 2012.
(hereinafter “instant transfer contract.” At the time, the representative director of the Plaintiff Company and the non-party G are both the above two representative directors involved in the instant transfer contract. However, G does not affect the existence of liability against the Defendant, since it is not a party to the instant lawsuit, but was involved in the said transfer contract. Therefore, this part is no longer mentioned.
At the time of the instant transfer contract, the Defendant was paid the transfer price at each face value of KRW 500 million issued by D, and each payment date at three promissory notes (hereinafter “the Promissory Notes”). In relation to the said Promissory Notes, “D with D” is in the period of protection and deposit of the shares, as well as in a situation where it is impossible to deliver shares immediately in the process of several lawsuits on the instant shares, etc., so the period of protection is over, and the instant share-related lawsuits, etc. are sought.