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Reasons
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(영문) 광주지방법원 2016.06.22 2015가단8891
양수금
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1. The Defendant (Counterclaim Plaintiff) and the Defendant C Co., Ltd. jointly share with the Plaintiff (Counterclaim Defendant) to KRW 100,000,000, and this is accordingly.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. A. On March 11, 2014, Co., Ltd. D and E (hereinafter “Plaintiff”) operated by the Plaintiff entered into a joint project implementation agreement with the F and G (hereinafter “Defendant B”) that jointly operates the Defendant B’s business, etc.

The main contents of the contract include: (a) Defendant B’s investment in the business of KRW 300 million and jointly operates the business; (b) the name of Plaintiff B and Defendant B is changed to “C”; and (c) 50% of the shares out of the shares through capital increase of Defendant C Co., Ltd. (hereinafter “Defendant C”); (b) Plaintiff B and 25% of the shares are acquired by the Plaintiff; (c) Defendant B and 25% of the shares are acquired by H (G’s children); (d) E is responsible for the production number; and (e) the burden of loss according to the share ratio if the loss

(hereinafter referred to as “instant joint project execution agreement”). (b)

As a joint representative director, Plaintiff and Defendant B operated Defendant C as a factory manager, and Defendant C had been engaged in M&A negotiations with Plaintiff I (hereinafter “I”) from August 2014.

In the process, I accepted 50% of the Plaintiff’s shares at KRW 100 million, and entered into an investment contract on October 30, 2010 with a content that accepts 5% of the Plaintiff’s shares at par value under a separate back agreement, and I will take over 50% of the Plaintiff’s shares at KRW 150 million and invest 10% of H’s shares at KRW 400 million. A proposal for investment will be drawn up around October 28, 2014. A written agreement on transfer and takeover of shares that acquired 50% of the Plaintiff’s shares at KRW 100 million in the name of J operating I will be drafted around October 30, 2014. A written agreement on transfer and takeover of shares that acquired 50% of the Plaintiff’s shares at KRW 100 million and that acquired 10% of H’s shares free of charge on October 13, 2014.

C. The Plaintiff and the Defendant B., while the M&A negotiation was in progress as above.

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