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1. The defendant shall pay 140,000,000 won to the plaintiff and 20% per annum from April 25, 2015 to the day of complete payment.
Reasons
1. The facts under the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 1 to 5, together with the purport of the entire pleadings.
A. On June 3, 2011, D, a representative director of C, entered into a contract for transfer and acquisition of a corporation with the purport that D shall transfer the total number of stocks owned by D, corporate body, patent and business rights, assets, business licenses, business licenses, and licensed matters to Defendant and E, and the Defendant and E shall pay KRW 200 million of the acquisition price to D (hereinafter “instant contract”).
B. On June 3, 2011, the Defendant was appointed as the representative director of C, and on the same day, the head office of C was transferred from Gyeong-gun F to Gyeong-si G, Kimhae-si, the Defendant’s office, and thereafter, the officers of C were entirely replaced.
C. On May 31, 201, Defendant and E paid KRW 5 million as part of the above acquisition price to the Plaintiff on May 31, 201, and additionally paid KRW 40 million.
D A deceased on November 27, 2014, and H and I, a child, renounced inheritance, and the wife inherited only by the Plaintiff.
2. 1) According to the above facts of recognition, the defendant is jointly and severally liable to pay the acquisition price to the plaintiff who is the heir of D in accordance with the contract of this case which was conducted through commercial activities. 2) The defendant asserts that D transferred the patent right to E, and the defendant reversed the contract of this case on the ground that C did not perform the corporate acquisition procedure of C.
According to the evidence evidence Nos. 1, 2, and 3, D transferred to E the right to obtain a patent for the invention with high efficiency of electric temperature, and the fact that D and D transferred the right to obtain a patent for the invention with high efficiency of electric temperature to E on June 1, 201, the patent registration for the above invention was made with Eul as the patentee, and D and the Plaintiff as the shareholder and representative director of C and designated by C and thereafter raise an objection.