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1. Defendant C received 100,000 shares B from Plaintiff A and simultaneously received 430,000 shares from Plaintiff A.
Reasons
1. On the premise of facts, Plaintiff A, Defendant C, and E agreed to operate this and distribute profits by repaying Plaintiff A’s loans when Plaintiff A and E invested funds to operate a meal service business.
Accordingly, on March 6, 2013, the Plaintiff A, Defendant C, and E established the Plaintiff Company B (hereinafter “Plaintiff Company”) with the total capital of KRW 1 billion, and Defendant C operated the Plaintiff Company upon delegation by the Plaintiff, the representative director.
Since then, the dispute between the plaintiff A and the defendant C occurred, and on January 28, 2014, the plaintiff A, the defendant C, and the defendant C agreed to terminate the partnership and to acquire and operate all the shares of the plaintiff C.
In this regard, Defendant C prepared and delivered the following loan certificates (hereinafter “the loan certificates of this case”) to Plaintiff A:
Defendant C promised to borrow and confirm the loan of KRW 430 million for the Plaintiff Company’s establishment of the Plaintiff Company and to repay the above amount by December 31, 2014. From January 28, 2014, “All rights related to the operation of the Plaintiff Company was held by the Plaintiff and his spouse 50,000 shares, E, 20,000 shares, and Defendant C, 80,000 shares, respectively, among total shares issued by the Plaintiff Company, around January 28, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 6, 8, 11 (including additional numbers), Eul evidence No. 11, the purport of the whole pleadings
2. Determination as to Plaintiff A’s claim against Defendant C
A. The fact that Defendant C agreed to pay KRW 430 million to Plaintiff A by December 31, 2014 at the time of the completion of the instant partnership business (hereinafter “instant agreement”) is as seen earlier.
Therefore, Defendant C is obligated to pay the Plaintiff KRW 430 million, except in extenuating circumstances.
B. Defendant C’s.