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1. The Defendant’s KRW 276,90,684 as well as 5% per annum from March 7, 2012 to August 21, 2015 to the Plaintiff.
Reasons
1. Basic facts
A. 1) C Co., Ltd. (hereinafter “C”) by the Plaintiff and Defendant C Co., Ltd.
(2) On June 12, 1985, D was established for the purpose of running a route passenger transport business, etc., and issued 40,000 shares (10,000 shares per share). (2) D held the entire shares issued by C and transferred the entire shares of C to E around September 2007. In fact, E did not complete the transfer of ownership following the transfer of shares, it proposed to give up C’s acceptance and take over C’s shares and management rights to the Plaintiff.
3) On January 4, 2008, the Plaintiff proposed a joint acquisition of C’s shares to the Defendant. The Plaintiff and the Defendant shared 50% of the share acquisition price and shared 50% of the share acquisition price on the same condition as the profits, etc., but the Plaintiff agreed to assign 51% of the shares to the Plaintiff, to the Plaintiff, and to allocate 49% of the shares to the Defendant, respectively. 4) The Plaintiff entered into a share acquisition agreement with E on January 8, 2008 with respect to the acquisition of C’s shares (hereinafter “A share acquisition agreement”). The acquisition price was calculated by adding 3.45 billion won to the financial expenses determined by a subsequent consultation with the Plaintiff and E on January 8, 2008. The down payment amount was calculated on the date of the contract, the intermediate payment amount was calculated on January 30, 2008, and the remaining settlement amount was to be paid up to 200 billion won, respectively.
5) Accordingly, the Plaintiff delivered to E a down payment of KRW 1 billion on the day of the contract (Plaintiff 700 million won) and the intermediate payment of KRW 1 billion on January 21, 2008 (Plaintiff 500 million KRW 550,000 KRW 50,000 KRW 1 billion on January 21, 2008, and the Plaintiff’s cashier’s checks issued to E as part payments of KRW 450,000 KRW 450,000 KRW 50,000 on January 31, 2008, respectively, but the Defendant delivered to the Plaintiff on January 31, 2008, KRW 50,000,000.