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1. The defendant shall pay 145,00,000 won to the plaintiff and 20% per annum from February 26, 2017 to the day of complete payment.
Reasons
1. Facts of recognition;
A. A. A around February 21, 2013, Company C changed its trade name to D, and Company D, around April 22, 2014, to E (hereinafter “instant Company”).
B. On May 7, 2014, the instant company: (a) drafted a letter of designation, around May 26, 2014, that: (b) transferred the shares of the instant company to KRW 120 million; (c) Nonparty G transferred the shares of the instant company to KRW 160 million; and (d) around May 26, 2014, the instant company transferred the shares of the instant company to F and the instant company to Nonparty H, who was the representative director of the instant company, KRW 160 million. In this regard, the Defendant drafted a letter of designation, stating, “The instant company had Nonparty H, who was the representative director of the instant company, bear no liability, such as the current subcontract price, loan, tax and public charges, and, if any, deliver it to the F, as well as civil and criminal charges.”
(On the other hand, the defendant's name, resident registration number, and address are written in the column of joint and several suretiess, and the defendant's seal imprint has been affixed thereon; hereinafter "each of the above books").
G deposited KRW 16 million as of May 26, 2014, and KRW 154 million as of May 30, 2014, to pay KRW 170 million for the shares of the instant company, etc., and deposited KRW 154 million as of May 30, 2014, into the J bank account in the name of Nonparty I. The entire shares of the instant company were taken over under the name of Nonparty K, L, and M at that time, and the trade name of the instant company was changed to Plaintiff (Co., Ltd.).
Afterward, G et al., operating the instant company, paid KRW 110,537,380 out of the total amount of 192,043,043,00 won, including loans, lease deposit, material price, corporate tax, employment premium, administrative fine, construction cost, etc., and filed a complaint against the Defendant on the charge of fraud.
E. On September 29, 2016, the Defendant was prosecuted on charges of fraud (Seoul Western District Court 2016dan2895), and on November 15, 2016, the remainder 1.45 million won, excluding the amount of KRW 35 million out of the total debt amount of KRW 180 million, to the Plaintiff on November 15, 2016.