beta
Text
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 100,000,000 and the interest thereon from February 1, 2017 to the date of full payment.
Reasons
1. Basic facts
A. At the time of December 30, 2015, the Plaintiff leased KRW 100 million (25% per annum on December 30, 2016, and interest rate) to C (former trade name: B; hereinafter “Defendant Company”) a stock company operated by E (hereinafter “Defendant Company”). At this time, the Plaintiff was provided 100 heating systems from the foregoing C as security, but was not actually provided with the said heating systems.
B. On the other hand, on June 30, 2015, E entered into a share acquisition agreement with Defendant D, the representative of F Co., Ltd. (hereinafter “F”) and shareholders, to acquire the said company in KRW 900 million. Thereafter, there was a dispute between Defendant D and E as to the performance of the share acquisition agreement, such as the property status of the said company, the transfer of technology, and the payment of acquisition price.
On September 15, 2015, E established the said C Co., Ltd. (hereinafter “C”) and transferred F’s assets, including facilities and patent rights, to himself/herself or C in the name of his/her own or C. On January 2016, Defendant D filed a complaint for breach of trust or fabrication of private documents, etc.
C. After that, Defendant D made an agreement with E on April 7, 2016 (hereinafter “instant agreement”).
Article 1: Cancellation of the Stock Transfer Agreement between Defendant D and E on June 30, 2015
Article 3(2) The debt KRW 100 million to the plaintiff shall be resolved at the responsibility of the defendant D.
Article 5(1) E sells all outstanding shares (40 million shares) of C to Defendant D in the amount of KRW 20 million, and the price shall be offset against the price for the goods that E shall pay to Defendant D.
Article 7 Section E does not make any claim against Defendant D with respect to the share acquisition agreement dated June 30, 2015 and the instant agreement.
E under the instant agreement, while transferring C’s shares to the Defendant and transferring F’s assets transferred to E or C to F again, around April 25, 2016.