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1. The Plaintiff:
A. Defendant B shall pay KRW 700,000,000 as well as KRW 9,750 as from December 7, 2013 to the day of full payment.
Reasons
1. Basic facts
A. On March 29, 2012, the Plaintiff of the right to collateral security against D (hereinafter “D”) and D entered into a contract with Defendant C on the transfer and takeover of the entire shares, corporate body, business rights, etc. of D to Defendant C (hereinafter “instant transfer contract”) with the effect that D transferred the entire shares, business rights, etc. of D to Defendant C in KRW 3300,000,000.
The main contents of the instant transfer contract are as follows.
Article 2 [Transfer and Receipt Payments] Transfer and Acquisition Payments shall be KRW 3,300,000.
The detailed details are as follows:
1) Article 3 [the payment method] of KRW 750,000,000 out of the remainder of the remainder of the set-off amount of 1,800,000,000 F Bank facilities loan 2] The F Bank facilities loan 750,000,000 won loan 3] of the F Bank facilities loan 750,000,000 won out of the remainder of the set-up amount of 1,000,000 won 750,000,000 won out of the set-up amount of 1,00,000,000 won shall be paid to the Plaintiff by Defendant C.
Of the amount of creation of the collateral security 1,000,000,000 won, 250,000,000 won shall be paid to the Plaintiff by D (G).
B. After Defendant C acquired D in accordance with the instant transfer contract, Defendant C assumed office as the representative director of Defendant D, and Defendant C as the director, respectively.
On January 3, 2013, the Defendants drawn up a statement of performance (hereinafter “instant statement of performance”) with respect to the obligation to pay the price owed by Defendant C to the Plaintiff according to the instant transfer contract, as follows.
1. The Defendants’ remainder of KRW 300,000,000, out of the amount of KRW 650,000,000 ought to be paid to the Plaintiff upon the occurrence of a loan until February 28, 2013.
However, if the loan did not occur, the Defendants are responsible and resolved.
In the event that no implementation is made until February 28, 2013, all of them shall be waived.
2. The Defendants shall pay the remainder of KRW 350,000,000 to the Plaintiff one and half copies from March 1, 2013 to the time of repayment.
3. The Defendants’ personal guarantee to the Plaintiff.
C. The Defendants subsequently failed to repay to the Plaintiff the obligations stipulated in the instant performance note, and Defendant B thereafter did not pay to the Plaintiff on August 21, 2013.