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1. The Defendant shall pay to the Plaintiff A KRW 12,00,000, KRW 9,000,000 to the Plaintiff B, and KRW 9,00,000 to the Plaintiff C and each of the above amounts.
Reasons
1. Basic facts
A. 1) E Co., Ltd. (hereinafter “E”)
The purpose of the business is to establish and operate a tourist accommodation business and an ancillary facility, etc., and a corporation with F 358.4 square meters in Nam-gu, Incheon Metropolitan City, G 356.8 square meters in size, and 2nd underground floors of the relevant ground reinforced concrete structure, and accommodation facilities with 25 floors above ground (hereinafter “instant hotel”).
(2) On November 24, 2014, Plaintiff A owned 40% of the outstanding shares of E, Plaintiff B, and C hold 30% of the outstanding shares of E. (3) E entered into an entrusted management contract with respect to the instant hotel, 2 years of the entrusted management contract period, 2 billion won of the deposit, and 60 million won of the monthly rent, with respect to the instant hotel, and 3 others operate the hotel of this case.
3) On June 16, 2015, the Defendant entered into a comprehensive transfer/acquisition agreement with the Plaintiffs and the Plaintiffs’ entire shares to acquire E’s ownership and management rights, and the main contents thereof are as follows.
1. The amount of transfer or acquisition of a corporation shall be 14.7 billion won;
Article 3 (Methods of Payment for Purchase): 14.7 billion won contract amount: by June 17, 2015: KRW 1.7 billion: Until June 22, 2015, KRW 2.7 billion loan: Until July 9, 2015, KRW 10 billion: Defendant shall pay to the Plaintiffs the remainder, excluding the expenses incurred in removing the defects and burdens of provisional attachment, seizure, provisional disposition and other rights that restrict the exercise of ownership.
Article 8 (Special Provisions) (7) Tax, value-added tax, public charges, etc. until July 9, 2015 shall be paid by the Plaintiffs, and the Defendant shall be responsible for the subsequent payment. 4) In order to secure a loan of 10 billion won to the hotel of this case, the registration of creation of a senior mortgage of 12 billion won to the obligor E, creditor E, New Bank Co., Ltd., the maximum debt amount, and the return of the deposit under the entrusted management contract.