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1. The Defendant’s KRW 448,00,000 and KRW 140,000 among the Plaintiff and the Plaintiff’s KRW 1,40,000 shall be KRW 30,000 on March 1, 2013.
Reasons
1. Basic facts
A. C (mutual name before the change: D; hereinafter “C”) Plaintiff acquired 200 million won of C’s shares from E upon the Defendant’s recommendation for investment on August 26, 2012. The Defendant was in the office of representative director of C from August 25, 2012 to January 14, 2013. However, the Plaintiff anticipated that the recovery of investment was difficult due to the Plaintiff’s failure to pay back the investment amount, and the Plaintiff demanded the Defendant to return KRW 240 million.
Accordingly, the Defendant: (a) made the Defendant’s wife G Co., Ltd. (hereinafter “G”) whose representative director is the Defendant’s wife take over the said KRW 240 million; and (b) made a written agreement on the transfer of shares in the name of G on December 22, 2012 and January 22, 2013.
3) On January 22, 2013, the Defendant finally prepared a contract regarding the acquisition of C’s shares to the Plaintiff, including the creation of security for transfer. The Defendant around that time paid KRW 100 million to the Plaintiff KRW 240 million out of the total amount of KRW 200 million. The main contents of the above contract are as follows. The Plaintiff and the Defendant promised to assume the Defendant’s responsibility for the amount equivalent to KRW 240 million with respect to the acquisition of C’s shares. The Plaintiff and the Defendant agreed to set up a contract to set up a security for transfer of G shares in relation to the claim amounting to KRW 240 million. Article 2 (Confirmation of Claim)
1. As to the amount of KRW 240 million paid by the Plaintiff to E in connection with the instant share acquisition agreement entered into between the Plaintiff and E, the Defendant shall pay the Plaintiff the said KRW 240 million to the Plaintiff who suffered substantial damage due to the said share acquisition agreement by February 28, 2013.
2. When the defendant completes the payment of the above KRW 200 million to the plaintiff within the above period, the defendant can be transferred to the plaintiff as the transferee of the C shares 2000 shares.
Article 3 [Security for Transfer of Stocks]
2. Upon entering into this contract, the Defendant shall have 15% of the G shares owned by the Defendant (hereinafter “security shares”) to the Plaintiff.