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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the amount ordered to be paid below shall be revoked.
Reasons
1. Basic facts
A. On December 22, 2014, the Plaintiff is also a non-party D Co., Ltd. (hereinafter “D”) whose business purpose is to sell wood flame retardation and building materials, etc. on the part of the Plaintiff and the Defendants.
(2) The Plaintiff established a contract on July 31, 2015, and managed as the representative director until January 20, 2015, and decided to transfer the shares and management rights to Defendant B. (2) In lieu of transferring the shares and management rights to Defendant B, the Plaintiff prepared a written agreement on July 31, 2015, stating that, at the same time, Defendant B transferred the shares and management rights to the Plaintiff, the total amount of KRW 194,8 million is KRW 20 million, and at the same time, the amount of KRW 50,000 shall be paid until October 31, 2015, and the remainder shall be paid by December 31, 2015, and if not, the amount shall be paid in addition to 24% per annum. Defendant C agreed to jointly and severally pay the above obligations of Defendant B, and the Plaintiff and the Defendants signed and sealed the agreement on July 31, 2015 (hereinafter “the instant agreement”).
Accordingly, Defendant B managed the company as the representative director from July 31, 2015 to November 2, 2015.
3) From July 31, 2015 to November 4, 2015, the Defendants paid the Plaintiff the sum of KRW 58,119,800 in accordance with the instant acquisition agreement. (b) Defendant B transferred the management rights of D around the beginning of November 2015 to Nonparty E, and Defendant B assumed office as an internal director of the said company on November 2, 2015: Provided, That E is merely a nominal representative, and in fact, Nonparty F was operating as the president. [The fact that there is no ground for dispute over recognition, evidence Nos. 1, 3, and 4], and the purport of the entire pleadings.
2. The assertion of the parties and their determination
A. The Plaintiff’s assertion 1) The Defendants are jointly and severally liable to pay to the Plaintiff the unpaid amount of KRW 136,680,200,000, out of the agreed amount of KRW 19,480,000 under the agreement, and damages for delay.