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Defendant C shall pay to the Plaintiff KRW 217,80,000 and KRW 200,000 among them, from September 1, 2017, KRW 17,800,000.
Reasons
1. Basic facts
A. The Plaintiff is a person engaged in the distribution and distribution of agricultural products; Defendant C is an internal director of the company under the name of F Co., Ltd. F (hereinafter “instant company”) for the purpose of agricultural product processing and wholesale and retail business; and Defendant D and E are those who were non-registered directors and employees of the instant company.
B. 1) Upon receipt of a proposal from Defendant C, the Plaintiff agreed to acquire KRW 120,000 of the shares of the instant company, which was owned by G at the time, KRW 300,000,000,000. On August 31, 2017, upon Defendant C’s request, the transferor of shares entered into a share acquisition contract with Defendant B (hereinafter “instant share acquisition contract”).
(2) On the same day, Defendant B deposited KRW 200 million into the Daegu Bank account under Defendant B’s name, and Defendant C wired the said money to Defendant C. As of August 31, 2017, the Plaintiff and Defendant C drafted in the joint business agreement and the stock transfer and takeover agreement, and the main contents were as follows. A of the joint business agreement: (Defendant) A: Article 3 (Special Agreement) of the Plaintiff (Plaintiff).
(a) Gap (G) and Eul (Defendant C) transfer 40% (120,000 shares) out of 100% (300,000 shares) of the shares of the company owned in the name of G C to Byung (Plaintiff) in this gold and use the proceeds as the operating fund of the company.
The name of the transferor (A) of the personal information on the stock transfer and takeover contract: A (Plaintiff).
2. The name of the company to be transferred: The number of shares to be transferred to the Bank of Korea in the face value of 1,000 won per share (2) of the shares: 120,000 won (3): the total amount of shares to be transferred to 120,000 won per share: 120,000 won (4): the Plaintiff shall also be transferred to the Company in the name of Defendant C, and H (450,000 shares of the Company in the name of name I before the opening of the name) shall be additionally transferred to KRW 11,00,000 of the shares of the Company in the name of Defendant C, and the amount of KRW 20,000 among them shall be transferred to the Company.