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1. The plaintiff's appeal against the defendants and the plaintiff's second preliminary claim against the defendant C added at the trial.
Reasons
1. Basic facts
A. 1) The defendant foundation is a medical corporation established and operated by a medical institution. The defendant C is a director who has the power to represent the defendant foundation from April 4, 2007 to April 4, 2010, and from June 21, 2010 to June 25, 2012, from June 25, 2012, from June 25, 2012 to June 21, 2013, and from August 12, 2013 to January 27, 2014, and is registered as a director of the defendant foundation. 2) The plaintiff is a person who has decided to acquire the defendant foundation together with D.
B. 1) On May 9, 2012, the Plaintiff and D entered into a contract for acquisition by transfer of a legal entity with Defendant C to acquire the right to operate the Defendant Foundation at KRW 12.6 billion (hereinafter “instant transfer contract”).
In concluding a down payment, 80 million won out of the down payment of 1.5 billion won was paid on the date of the contract, the remaining KRW 7.4 billion on the date of May 15, 2012, and the remainder of KRW 2.7 billion up to June 30, 2012, and the remainder of KRW 1.35 billion was divided into two occasions and paid KRW 1.35 billion until September 30, 2012, which is three months after the date of intermediate payment, until September 30, 2012, which is nine months after the date of intermediate payment; and the Plaintiff and D agreed to receive the right to operate the Defendant Foundation from March 30, 2013 when the intermediate payment was paid in full. 2) On May 9, 2012, the Plaintiff and D concluded a contract between the Defendant C and the Defendant Foundation to transfer the instant down payment to C on May 19, 2015.
After that, there is a concern that there is a delay in the amount of KRW 100 million due to the delinquency in payment of loans to Korean banks, and there is a concern that the auction will commence for the real estate owned by the Defendant Foundation, D and the Defendant C, on May 15, 2012, changed the time when the representative of the Defendant Foundation is replaced by the time when the payment of the down payment is completed at the time of the intermediate payment is completed, and if the bank loans of the transferee are delayed due to the delay in payment of the bank loans by the Defendant C, the intermediate payment payment date is extended until the date of the loan execution (Evidence 4).