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1. The part concerning Plaintiff B among the judgment of the first instance, including the Plaintiff’s claim as modified by this court, is as follows.
Reasons
1. Basic facts
A. On November 12, 2013, the Defendant, as a general partner, became a limited partnership company D (trade name after the change: limited partnership company A; hereinafter referred to as “D” until the change to the Plaintiff company; hereinafter referred to as “Plaintiff company”)’s equity shares of KRW 24,00,000,000 for the purpose of selling alcoholic beverages, etc. on November 12, 2013, and entered the said company as a general partner. From September 28, 2017 to September 28, 2017, the Defendant owned KRW 111,00,000,000 in its own or E’s equity shares and registered as the representative member of the said company.
B. On July 12, 2017, Plaintiff B entered into an agreement on the payment of down payment and balance arising from business transfer and takeover (hereinafter “instant agreement”) with the Defendant. The key content of the agreement was that “Plaintiff B and the Defendant entered into a business transfer and takeover agreement with D, and the down payment is KRW 100,000,000, and the remainder is KRW 750,000,000.”
C. On September 28, 2017, the Defendant and Plaintiff B entered into a share transfer contract to the effect that “All equity shares held by the Defendant himself and his name are transferred to the F designated by Plaintiff B and Plaintiff B” (hereinafter “instant share transfer contract,” and “the document stating the share transfer contract” was “the instant share transfer contract”).
Plaintiff
B paid the Defendant the sum of KRW 850,000,000 in accordance with the instant agreement by September 12, 2017. On September 28, 2017, B joined D’s general partner and joined D’s office as a representative member at the same time, and on January 12, 2018, D’s trade name was changed to the Plaintiff Company.
E. Meanwhile, the Defendant: “In entering into the instant agreement, the Plaintiff acquired KRW 850,00,000 from Plaintiff B and acquired the acquisition price of KRW 850,00,000 from Plaintiff B by deception; and acquired KRW 43,072,186 by deceiving D’s representative qualification even though D transferred D business rights to Plaintiff B.”