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1.(a)
Defendant Counterclaim Plaintiff (Counterclaim Plaintiff) and Defendant Counterclaim Co., Ltd. (Counterclaim Plaintiff) A from the Plaintiff (Counterclaim Defendant).
Reasons
1. Basic facts
A. On September 11, 2012, Plaintiff A, the instant agreement, investment funds, and share transfer agreement 1), Plaintiff A, the purpose of which is to commercialize solar mining system from Defendant B, thereby making the Plaintiff Cit Holdings Holdings Co., Ltd. (hereinafter “Citty Holdings”).
(2) The shares of this case are the shares of this case, upon receipt of KRW 200,000,000 from the investment funds of the Plaintiff, and the shares of the Plaintiff A, in return for the said investment.
() Of 3,000 shares, 1,500 shares of this case were transferred to Defendant B, and the remaining shares were transferred to Defendant A Co., Ltd. designated by Defendant B, and the transfer of ownership was carried out in the name of the said Defendants. (2) On October 18, 2012, Plaintiff A entered into an agreement with Defendant B on the development of solar power generation and technology development with respect to “development, sale, and activities of solar power-driven products and systems” with Defendant B, and Defendant C Co., Ltd (hereinafter “C”) entered into an agreement with the effect that it has the authority to engage in intellectual property rights and business activities of developed products (hereinafter “instant agreement”).
B. On October 25, 2012, Plaintiff A borrowed KRW 100,00,000 from Defendant B on April 24, 2013, the due date for repayment of KRW 3% per annum, and delay damages rate of KRW 20% per annum. On December 21, 2012, Plaintiff A transferred KRW 4,500 of the instant shares owned by Plaintiff A to Defendant C designated by Defendant B, and the transfer procedure was implemented.
C. On November 8, 2012, the Plaintiff borrowed KRW 33 million at the rate of 3% per month on February 28, 2013 from Defendant B to pay C shares on November 8, 2012. D.
On September 27, 2012, Plaintiff A borrowed KRW 300 million from Defendant B on September 27, 2012 at the maturity of payment on January 26, 2013; interest rate of 3% per annum; interest rate of delay damages; and interest rate of 20% per annum. On August 5, 2013, Plaintiff A deposited KRW 334,380,821 as principal and interest for repayment of the borrowed amount on September 27, 2012. (2) Defendant A deposited KRW 2).