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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 320,000,00 and 5% per annum from November 1, 2014 to September 7, 2015.
Reasons
1. Facts of recognition;
A. On August 2014, the Plaintiff entered into a contract with Defendant B to transfer 10,00 shares of Defendant C Co., Ltd. (hereinafter “Defendant Company”) (hereinafter “instant shares”) by setting the transfer price of KRW 520,000 to Defendant B by October 31, 2014. In this case, the Defendant Company guaranteed the Plaintiff’s obligation to pay the transfer price of the instant shares.
B. Defendant B paid KRW 200 million out of the share transfer price of this case to the Plaintiff, and did not pay the remainder of KRW 320 million.
[Reasons for Recognition] Facts without dispute, the fact that the plaintiff is the applicant, Gap evidence 1-1, 2-2, Gap evidence 2-1 and 2-2, and the purport of the whole pleadings
2. Determination
A. According to the fact of recognition as above, Defendant B and the Defendant Company, a transferee of the instant shares, are jointly and severally liable to pay to the Plaintiff the remaining amount of KRW 320 million,000,000,000,000 from November 1, 2014 to September 7, 2015, which is the date following the payment date, the delivery date of a copy of the instant complaint, and damages for delay by 15% per annum under the Civil Act from the next day to the date of full payment.
B. On the determination of the defendants' assertion, the defendants did not individually acquire the shares of this case from the plaintiff, but did not accept the plaintiff's claim of this case since the defendant Eul acquired all the bonds, debts, and assets of the defendant company including the shares of this case from the plaintiff, and assumed office as the representative of the above company. At the same time, since the value of the shares of this case was in excess of the debts, the defendant company did not agree to pay the purchase price separately while accepting the shares of this case. Thus, the plaintiff cannot comply with the plaintiff's claim of this case.
Any party to a contract.