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1. The Defendant shall pay to the Plaintiff KRW 30,00,000 and the interest rate of KRW 25% per annum from December 23, 2014 to the date of full payment.
Reasons
1. Basic facts
A. C Co., Ltd. (hereinafter “instant corporation”) was incorporated on January 20, 2014 for the purpose of timber recycling and heating business, and the initial representative director was registered as D, inside director E (F’s spouse), G, etc.
The Plaintiff and H (F’s children) were shareholders holding 20% of the shares of each of the instant corporations.
B. Around July 2014, the Defendant and I acquired the shares of the instant legal entity and secured the management rights of the instant legal entity through the change of executives. Around July 2014, the Defendant and I entered into an agreement with the Plaintiff, D, H, E, and G to acquire and operate the instant legal entity by substantially securing the trade books, corporate identifications, cards, etc. of the instant legal entity (hereinafter “instant agreement”) and drafted a written agreement (Evidence B).
C. The summary of the agreement on the transfer of the corporation of this case is as follows.
- The representative director D(B) will transfer all 3,00 shares (15%) owned by the corporation until July 22, 2014 to the defendant (A, transferee and transferee of shares, and the underwriter of the corporation of this case) with no condition, and should receive a resignation letter from all officers of the corporation as of July 22, 2014 so as not to hinder the registration of change of officers, and must cooperate to the maximum extent possible in obtaining the necessary authorization and permission so that A can carry out its business smoothly.
- The Defendant (C) will transfer to July 22, 2014 the entire shares of 4000 shares (20%) owned as of July 22, 2014, and Party A will pay 20 million won at the same time in return.
A shall pay 80 million won in return for the transfer or takeover of a corporation to Byung 1 simultaneously with the completion of registration of change of an executive, and 10 million won in cash shall be paid within three months from the completion date of registration of change
- A shareholder H(2) transfers to A all 40 million shares (20%) owned until July 22, 2014, and Party A pays 20 million won as simultaneous performance in return.
A shall pay 30 million won in return for the transfer or takeover of a corporation to Byung 2 simultaneously with the completion of registration of change of an officer.
- 대표이사 D(乙), 사내이사 E(丁1),...