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1. The Defendants jointly and severally committed against the Plaintiff KRW 286,232,99 and Defendant A and C with respect thereto from August 28, 2013, and Defendant D with respect thereto.
Reasons
1. Basic facts
A. 1) Defendant A Co., Ltd. (hereinafter “Defendant A”) entered into a contract for the transfer of equity shares to the E Co., Ltd.
A) Around 2001, the Party determines to jointly establish G LLC with the FF Tourism Development Center of the Cheongdo of China, and Defendant A shall invest the funds, manage the said limited construction independently, and the FF Tourism Development Center shall provide a land use right and receive a share of profit from the operation of the said limited construction, and according to the above contract, the FF Tourism Development Center shall enter into a contract with the E LLC (hereinafter referred to as the “E”).
(2) On April 22, 2007, the Plaintiff and Defendant A’s investment in USD 1880,000, the right to such investment, the status of a joint venture agreement with the Bupyeong City Tourism Development Center, and all other rights to be held or to be held for the establishment and operation of E are collectively referred to as “shares,” and Defendant A’s investment shares are to be transferred to KRW 4.65,000,000,000,000,000,000.
Defendant B, C, and D jointly and severally guaranteed the obligation of Defendant A arising out of the instant transfer contract.
Article 2(1) of the Assignment Contract of this case provides that “If the total debt amount of E exceeds 7,478.6 million won by the People’s Union, the difference shall be made from the transfer price, and if it falls short of 7,478.6 million won, the transfer price shall be increased by the difference.” Article 2(3) of the Transfer Contract of this case provides that “The “debt” of the Transfer Contract of this case includes “any obligation other than the obligation listed in the separate list No. 1, and all financial burden to be borne by the company (E) or transferee.”
3. Article 3 of the transfer contract of this case sets forth the payment time in the order of the transfer price.