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1. The defendant shall pay 400,000,000 won to the plaintiff and 20% per annum from June 6, 2014 to the day of full payment.
Reasons
1. Facts below the facts can be acknowledged without dispute between the parties, or after considering Gap evidence Nos. 1 through 11 (including branch numbers; hereinafter the same shall apply), Eul evidence Nos. 7, and financial transaction information submitted to the Industrial Bank of Korea, the whole purport of pleadings, and the whole purport of arguments. Accordingly, each statement of Eul evidence No. 3 is not trustable in light of the above evidence (in particular, evidence No. 8), and Eul evidence No. 2 is a formal contract for filing a tax return on stock transfer, and it is deemed that Eul evidence No. 2 was prepared together with evidence No. 2.
From February 28, 2003 to April 22, 2011, the Plaintiff was the representative director of the Defendant Company (former name: C Co., Ltd.).
On April 22, 2011, Defendant Company changed the representative director from the Plaintiff to Nonparty D.
On October 7, 2011, the Plaintiff resigned from the intra-company director.
B. As of December 31, 2009, the Defendant Company was liable for the repayment of KRW 4,749,164,890 to the Plaintiff. However, on October 14, 2010, the Defendant Company borrowed additional provisional loan from the Plaintiff and repaid the Bank loans amounting to KRW 2,095,000,000 and its interest.
Therefore, the defendant company's obligation to return the provisional money was 6,828,716,480 won.
C. On September 23, 2011, the Plaintiff transferred the entire shares of the Defendant Company owned by the Plaintiff to D in KRW 0 of the share price.
At the time, the Plaintiff and D entered into an agreement as follows (hereinafter “instant agreement”).
The Plaintiff’s claim of KRW 2.921 billion against the Defendant Company is paid by D on behalf of the Defendant Company to the Plaintiff, and the Plaintiff cannot claim the return of the remaining Plaintiff’s provisional deposits to the Defendant Company.
The time of payment shall be KRW 1 billion on the contract date, and KRW 1.92 billion on the contract date until December 31, 201, and shall provide the checks issued by D and the buildings and land of the Defendant Company as security.
Defendant Company’s KRW 2.92 billion, which was reduced to the Plaintiff by September 26, 201, out of KRW 2.921 billion.