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1. The Defendant (Counterclaim Plaintiff) paid KRW 50,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s objection thereto from July 11, 2014 to December 26, 2014.
Reasons
A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.
1. Facts of recognition;
A. On March 21, 2014, the Plaintiff and C and D (hereinafter referred to as “sellers”) concluded a share sales contract with a content that the Defendant sells KRW 450 million (50 million for intermediate payment at the time of concluding a contract and the intermediate payment is KRW 250 million until April 4, 2014; KRW 150 million until March 21, 2015) by calculating KRW 100,000 per share of KRW 50 million per share of E Co. (hereinafter referred to as “E”) to the Defendant.
(B) At the time of the instant purchase and sale contract, the Plaintiff owned 51,00 shares of E, 29,000 shares for the representative C, and 20,00 shares for the representative C, and 20,00 shares for the Plaintiff at the time of the instant purchase and sale contract. However, the instant purchase and sale contract was concluded for the total of 10,00 shares without separately indicating it under the instant purchase and sale contract.
The Defendant paid to C, the representative of the seller, a down payment of KRW 50 million and an intermediate payment of KRW 130 million, in total, KRW 180 million.
B. At the time of the instant contract for the purchase and sale of shares, the sellers agreed that KRW 150 million out of KRW 450 million out of the share purchase price of KRW 450 million shall be distributed to the Plaintiff and used to repay the remainder of KRW 150 million in the intermediate payment and KRW 150 million in the intermediate payment and KRW 150 million in the intermediate payment under the name of C, and that the intermediate payment shall be KRW 120 million in the intermediate payment and KRW 120 million in the intermediate payment shall be appropriated for the repayment of the deposit and KRW 50 million in the intermediate payment.
(hereinafter “instant agreement”). Under the instant agreement, KRW 80 million, out of the purchase price received from the Defendant, was appropriated for the repayment of the provisional payment, and the remainder KRW 100 million was distributed to the Plaintiff.
C. The Defendant, with the knowledge of such circumstances, requests the Plaintiff to extend the payment of the intermediate payment unpaid to the Plaintiff, and around June 6, 2014, the Defendant paid KRW 120 million for the intermediate payment unpaid to the Plaintiff by July 10, 2014.