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1. The defendant's case mediation against the plaintiffs is substituted by the Gwangju District Court 2018sma5305 (2018Gadan502059).
Reasons
1. Facts of recognition;
A. The Defendant filed a lawsuit against the Plaintiffs as the Gwangju District Court 2018Kadan502059, and the following decision was finalized on May 26, 2018, which was the conciliation case of the instant case, as follows.
(1) The Plaintiffs and the Defendant are jointly and severally liable to withhold taxes of KRW 60 million until June 30, 2018. If the payment is delayed, damages for delay shall be paid at the rate of 15% per annum from the date following the due date to the date of full payment.
2. At the same time, the defendant received the money under the above Paragraph (1) from the plaintiffs (or the defendant owned in the name of the non-party D), the whole shares of the plaintiff corporation A (50% of the total shares issued) are transferred to the person designated by the plaintiffs.
B. On July 23, 2018, the Plaintiffs and the Defendant agreed with the same content as the attached Form agreement.
(hereinafter referred to as “instant agreement”). C.
On July 26, 2018, the Defendant sent to the Plaintiff A (hereinafter “Plaintiff A”) a content-certified mail stating that “The payment of profits will be completed by July 30, 2018, as the procedures were not implemented, although it decided to complete the distribution procedure within three days from the time of the preparation of the instant agreement.”
Plaintiff
On August 21, 2018, A notified the Defendant of the convocation of the general meeting of shareholders that “A shall hold a temporary general meeting for the modification of its articles of incorporation and resolution on interim dividend at the headquarters of Plaintiff A on September 5, 2018.” However, the Defendant failed to attend the general meeting of shareholders of Plaintiff A, thereby holding the general meeting of shareholders for the modification of its articles of incorporation and the resolution on interim dividend.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 3, the purport of the whole pleadings
2. The parties' arguments.